BRUSSELS, June 5 (Reuters) - U.S. fast-food chain
McDonald's does not have the right to use the term "Big
Mac" for poultry products after it had not used it for them for
five consecutive years, Europe's second top court said on
Wednesday, in a partial win for Irish rival Supermac's in a
long-running trademark dispute.
The Luxembourg-based General Court's ruling centred on
Supermac's attempt in 2017 to revoke McDonald's use of the name
Big Mac which the U.S. company had registered in 1996 for meat
and poultry products and services rendered at restaurants.
The European Union Intellectual Property Office
(EUIPO)dismissed Supermac's application for revocation and
confirmed McDonald's use of the term for meat and chicken
sandwiches, prompting the Irish company to challenge the
decision.
Supermac's, which opened its first restaurants in Galway in
1978, sells beef and chicken burgers as well as fried chicken
nuggets and sandwiches.
The General Court rejected McDonald's arguments and
partially annulled and altered EUIPO's decision.
"McDonald's loses the EU trade mark Big Mac in respect of
poultry products," judges ruled.
"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," they said.
McDonald's did not immediately respond to a request for
comment.
The ruling can be appealed to the Court of Justice of the
European Union, Europe's highest.
The case is T-58/23 Supermac's v EUIPO - McDonald's
International Property (BIG MAC).