MCDONALD’S has been stripped of its exclusive “Big Mac” trademark for chicken burgers sold in Europe following a legal battle with an Irish rival.
The European Court of Justice found the American fast food chain had not used the iconic term for poultry products over a continuous five-year period.
Judges ruled yesterday: "McDonald's loses the EU trade mark Big Mac in respect of poultry products.
"McDonald's has not proved genuine use within a continuous period of five years in the European Union in connection with certain goods and services."
It means other restaurants can now use “Mac” in their names or to sell chicken on the continent, despite Maccies trademarking it in 1996.
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The seven-year legal challenge was brought by Supermac’s, founded in 1978 and now selling burgers and nuggets from 120 restaurants across Ireland.
Pat McDonagh, founder and managing director, said: “It does mean we can expand elsewhere with Supermac’s across the EU, so that is a big win for us.”
But the battle to branch out further in the UK will drag on as EU trademark law no longer applies after Brexit.
McDonald’s confirmed it continues to hold the exclusive trademark for beef burgers but would not say whether it will appeal to the Court of Justice of the European Union.
A spokesman said: “Our iconic Big Mac is loved by customers all across Europe, and we’re excited to continue to proudly serve local communities, as we have done for decades."
Reflecting on the long-running tussle, McDonagh said: “We knew when we took on this battle that it was a David versus Goliath scenario.
"The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition.
“We have been saying for years that they have been using trademark bullying. They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them.
“We can be proud to be part of a Europe in which all are equal. Small is no longer a disadvantage.
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“We wholeheartedly welcome this judgement as a vindication of small businesses everywhere that stand up to powerful global entities.”
