Fast food chain McDonald’s has lost its exclusive right to the Big Mac trademark in the European Union following a request from its Irish rival Supermac with the European Intellectual Property Office (EUIPO).
The EUIPO ruled that McDonald’s lost its trademark right to the ‘mother of all burgers’ with retroactive effect from April 2017.
According to the EUIPO, McDonald’s has failed to demonstrate that it has “actually used” its brand name across Europe over the past five years. The Irish competitor submitted its request in 2017, the same year that Big Mac celebrated its 50th anniversary.
McDonald’s filed evidence that it has been using the name Big Mac in Germany, France and the United Kingdom. According to the American fast-food giant, this ought to have been sufficient to prove its use throughout the European Union.
The American chain has announced that it will appeal the decision.