McDonald's has lost the EU trademark for 'Big Mac' in relation to chicken sandwiches as part of a long-running legal battle with an Irish restaurant chain.
Fast food giant McDonald's has lost the European Union trademark for "Big Mac" in relation to chicken sandwiches as part of a long-running legal battle with an Irish restaurant chain.But the European Court of Justice has upheld a complaint from Galway-based Supermac's, after the chain filed an application for revocation in relation to certain goods and services.
Generally, the rights of a holder to an EU trademark are revoked on application to EUIPO, if it has not been put to genuine use within a continuous period of five years.In 2017, Supermac’s submitted that the mark had not been put to genuine use in such a five-year period. After that decision, Supermac’s argued at the ECJ that McDonald’s had insufficiently used the contested trademark in relation to “chicken sandwiches”, adding that the US food giant’s evidence on the matter was essentially limited to the marketing of “meat sandwiches”.
In addition, the court considered whether McDonald’s had the right to Big Mac as a protected trademark, in relation to branding restaurant services, including takeaway food and drive-through facilities.
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