Big Mac battle: McDonald’s loses burger trademark for E.U. in battle with Irish rival

A top European Union court said Wednesday that McDonaldâ€s has lost its Big Mac trademark in the 27-nation bloc, ruling in favor of Irish fast food rival Supermacâ€s in a longrunning legal battle.

The EU General Court said in its judgement that the U.S. fast food giant failed to prove that it was genuinely using the Big Mac name over a five-year period for chicken sandwiches, poultry products or restaurants.

The Big Mac is a hamburger made of two beef patties, cheese, lettuce, onions, pickles and Big Mac sauce, according to the companyâ€s website.

The decision is about more than burger names. It opens the door for Galway-based Supermacâ€s expansion into other EU countries. The dispute erupted when Supermacâ€s applied to register its company name in the EU as it drew up its expansion plans. McDonaldâ€s objected, saying consumers would be confused because it already trademarked the Big Mac name.

Supermacâ€s filed a 2017 request with the EUâ€s Intellectual Property Office to revoke McDonaldâ€s Big Mac trademark registration, saying the U.S. company couldnâ€t prove that it had used the name for certain categories that arenâ€t specifically related to the burger over five years. Thatâ€s the window of time in Europe that a trademark has to be used before it can be taken away.

After the regulator partially approved Supermacâ€s request, McDonaldâ€s appealed to the EU court.

“McDonaldâ€s has not proved that the contested mark has been put to genuine useâ€� in connection with chicken sandwiches, food made from poultry products or services associated with operating fast-food, drive-through or take-out restaurants, the court said, according to a press summary of its decision.

Supermacâ€s portrayed the decision as a David and Goliath-style victory. Managing Director Pat McDonagh accused McDonaldâ€s of “trademark bullying to stifle competition.â€�

“This is a significant ruling that takes a common-sense approach to the use of trademarks by large multi-nationals. It represents a significant victory for small businesses throughout the world,� McDonagh said in a statement.

The Irish company doesnâ€t sells a sandwich called the Big Mac but does have one called the Mighty Mac with the same ingredients.

McDonaldâ€s was unfazed by the ruling, which can be appealed to the European Court of Justice, the blocâ€s highest court, but only on points of law.

“The decision by the EU General Court does not affect our right to use the ‘BIG MAC†trademark,â€� the company said in a press statement. “Our iconic Big Mac is loved by customers all across Europe, and weâ€re excited to continue to proudly serve local communities, as we have done for decades.â€�