McDonald's no longer has the exclusivity of the terms "Big Mac" in Europe. The American giant of the
fast food has seen its trademark revoked on Tuesday in the EU, following a legal battle against the small chain Supermac's.
The Irish company filed an application in March 2017 with the European Union Intellectual Property Office (EUIPO) to end the exclusive use of the term "Big Mac" by McDonald's.
Just leaving this here ... 😃😎💪https: //t.co/OsUqbbgKk3- Supermac's (@SupermacsIRE) January 15, 2019
"Intimidation of registered trademarks"
Supermac's accused McDonald's of engaging in "intimidation of trademarks, filing brand names simply set aside for use against future competitors." She criticized the giant for preventing its expansion outside Ireland by using the similarity between the name of the Irish chain and that of the famous hamburger.
In its judgment, EUIPO argues that McDonald's did not make a "real use" of the mark for "the goods and services for which it was filed". The trademark "Big Mac" would have been filed for a variety of products, while it refers to the famous sandwich.
"It was David against Goliath"
"We knew it was David versus Goliath when we started this battle," said Supermac's General Manager Pat McDonagh. But it's not because McDonald's has deep pockets and we're relatively small that we will not defend ourselves. "
The company, which has about 100 restaurants in Ireland and Northern Ireland, now hopes to expand into the UK and the EU. "It's the end of" McBully "(" MacBrute "), Mr. McDonagh said. This decision (...) also shows the importance of the European institutions for the protection of companies facing soulless multinationals ".
The McDonald's Group can appeal the judgment.