Big Mac no longer belongs to McDonald's
The famous McDonald's has recently lost a lawsuit, regarding the use of the name Big Mac with the Irish company Supermac's. It is now possible to name your meals or even restaurants throughout the EU like that.
The European Court (EUIPO) has canceled McDonald's ownership of the Big Mac trademark, as the company has not demonstrated the actual use of the brand.
The mark was not registered only for the name of the famous Hamburger, but also as a potential name for restaurants.
Irish Supermac's, however, did not like this, because, according to them, McDonald's used the Big Mac trademark to prevent the company's expansion into the UK and the rest of the EU. McDonald argued that the name of their company was too similar to the Big Mac and could confuse customers. Supermac's, therefore, made a request to cancel the use of the Big Mac trademark, which has been the case since 2015.
If you had given the name of Big Mac to your food in the Czech Republic, you would probably not be too successful.
McDonald's has been registered with us since 1979 and is valid until the year 2029 until it is extended, covering all prepared dishes, from sandwiches to biscuits.
So are our neighbors, the Slovaks, only with the difference that McDonald's is ending with the mark this March and has not yet been extended.
Not the only dispute
"We are disappointed in the Euipo's decision and believe that it has not taken into account the important material that proves the use of the Big Mac brand in Europe," said McDonald's spokesman.
The fastfood chain has claimed that it has used the brand well and has shown advertising and food packaging as evidence. That is, according to EUIPO, little.
"Supermac's is delighted with its victory in the trademark dispute and the cancellation of the Big Mac trademark, which has existed since 1996," said Supermac's founder Pat McDonagh. "It's a big victory for business as such, and it prevents big companies in a 'brandish bullying' that they do not really use," he added.
For McDonald's this is not the first litigation. For example, in 1993 McDonald's won a lawsuit with a dentist who had the idea to name her McDental paste.
On the contrary, in 2009, the company lost a case to Malaysian restaurants, and lost its rights to McCurry's. In 2016, McDonald's have succeeded in preventing Singapore from acquiring the McCoffee brand and using it on the European market.
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