McDonald’s loses Big Mac brand exclusivity in the European Union | Economy

McDonald’s lost the war over Big Macs. The world leader in fast food will have to say goodbye to its monopoly on the popular brand across 6,881 franchised outlets in the European Union, according to a ruling by the General Court of the European Union (TGEU). ), released this year. The ruling applies only to the option containing “poultry products,” especially chicken sandwiches, and related services. entry (purchase with car).

The Luxembourg High Court found that the burger giant had not demonstrated sufficient use of the Big Mac brand, its most popular product, in products made from chicken meat over a continuous five-year period. For this reason, he ruled in favor of Supermacs, an Irish competitor based in the coastal city of Galway. McDonald’s can still appeal the decision to the European Union’s highest body, the Court of Justice of the European Union (CJEU).

The judge noted that “the evidence provided by McDonald’s provides no indication of the importance of the use of the Big Mac trademark, particularly in relation to ‘volume of sales.’ The court concluded that “the evidence reviewed does not allow us to prove the existence of effective use of the specified trademark.” Golden arches adorn this special edition of the iconic sandwich, consisting of two beef patties, iceberg lettuce, cucumbers and their “special sauce”, in the EU since 1996.

Since McDonald’s Big Mac refers to the popular double beef sandwich, the Court of Justice finds that McDonald’s has not demonstrated that the mark is effectively used on products such as chicken sandwiches and poultry-based dishes. For this reason, he refuses to understand Big Mac as synonymous with the services and restaurants of the American chain. Thus, McDonald’s loses exclusive rights to the Big Mac brand, which will allow other chains and companies to use this name to label their products in the EU.

The litigation first arose in 2014 after McDonald’s opposed its EU trademark application for Supermacs, saying its similarity to the US chain “might cause confusion”. The legal battle picked up steam again in 2017 following a request to revoke the Big Mac trademark filed by Supermacs. The Alicante-based European Union Intellectual Property Office (EUIPO) partially ruled in favor of the Irish competitor in 2019.

Supermacs, which has offered a similar product to the US chain’s flagship sandwich across its 118 franchises since 1978, argued that the distinction between “beef sandwiches” and “chicken sandwiches” was incorrectly written down by McDonald’s in its international classification of goods, i.e. called the Nice classification.

The American multinational’s sales in the Middle East have fallen due to a boycott following its operations in Israel. In addition, the company received criticism from its US consumers over its alleged sale of a Big Mac for $18 (€16.56). The company’s US president, Joe Erlinger, wrote in a letter to customers countering a “poorly substantiated” report on social media that “McDonald’s has raised prices above inflation.” The manager stated that “this is not true.”

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