"Big Mac" versus Supermac's
Even a world-famous trademark is not unassailable: in the dispute with the Irish chain Supermac's, McDonald's lost part of the protection of the "Big Mac" trademark in the EU in 2024.
What was it about?
The Irish fast-food chain Supermac's wanted to expand; McDonald's invoked its EU trademark "Big Mac". Supermac's then applied for partial revocation of the trademark, arguing that McDonald's did not use "Big Mac" at all for all registered goods and services.
In trademark law there is a use requirement: whoever does not genuinely use a trademark for years can lose it for the goods concerned.
The course of events
1996: registration
"Big Mac" is registered as an EU trademark for McDonald's.
2017: revocation application
Supermac's applies to the EUIPO for partial revocation for non-use.
2019: EUIPO
The office partially restricts the protection.
05.06.2024: EU General Court
The court confirms the loss notably for poultry products and certain services – use was not proven.
Partial loss for non-use
"Big Mac" no longer enjoys protection for poultry products ("chicken"). The famous beef Big Mac is not affected.
What you take from it
A trademark must not only be registered and held, but also genuinely used – and the use must be provable in the event of a dispute. Otherwise revocation looms for unused goods and services.
At the same time the case shows: even strong, well-known word elements are powerful – but their protection depends on use and active defence.
Sources
General Court of the European Union, judgment of 5 June 2024, case T-58/23; coverage notably by WBS.LEGAL and t-online.
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This article is for information and does not constitute legal advice.