McDonald’s loses trademark case

An Irish restaurant chain has won a trademark battle against global fast food giant McDonald’s.

Co Galway-based Supermac’s challenged the worldwide burger chain to cancel the use of the “Big Mac” and “Mc” trademarks.

It submitted a request to the European Union Intellectual Property Office (EUIPO) in April 2017. McDonald’s had argued that similarity between the Big Mac and Supermac would confuse customers.

Supermac’s claimed McDonald’s engaged in “trademark bullying, registering brand names... which are simply stored away in a war chest to use against future competitors”.

Now the EUIPO said that McDonald’s had not proven genuine use of the contested trademark as a burger or restaurant name.

A M c D o n a l d ’ s spokesman said “We are currently considering our position.”

The battle comes after McDonald’s previously succeeded in stopping Supermac’s plans to expand into Great Britain and Europe on the basis of the similarity between the name Supermac’s and the Big Mac. Supermac’s c u r r e n t l y h a s 1 1 6 restaurants across Ireland, including three in Northern Ireland. Following this judgment, it now hopes to expand into the Great Britain and Europe.

Supermac’s managing director, Pat McDonagh, said that the judgment was “a David versus Goliath scenario” for the firm.