Supermac’s feeling chipper about trademark victory

SUPERMAC’S has come out on top of its fast-food feud with McDonald’s, opening the door to a possible expansion abroad.

The EU trademark war started more than six years ago when Supermac’s tried to expand to the UK.

McDonald’s had already trademarked the name Big Mac, which was considered too similar to the name Supermac’s, and blocked the expansion. It argued that customers would be confused by the similarity between the names after McDonald’s trademarked Big Mac as a store name.

But the fast-food giant failed to prove the name ‘Big Mac’ had been used as a restaurant name. Yesterday’s landmark judgment by European Union Intellectual Property Office, responsible for trademarked disputes, stated: ‘The EU Trademark proprietor has not proven genuine use of the contested [Big Mac trademark] for any of the goods and services for which it is registered.’

Supermac’s founder and managing director, Pat McDonagh, branded his competitor ‘the McBully’ after McDonald’s trademarked the name ‘SnackBox’ despite not selling the product, which is heavily associated with Supermac’s. He told Seán O’Rourke on RTÉ Radio 1 yesterday: ‘You can’t stash away all these trademarks and have them in reserve or what they call trademark bullying to stop someone from doing something.’

McDonald’s said it was disappointed with the decision and will appeal. ‘We are confident it will be overturned by the EUIPO Board of Appeals,’ it said in a statement.