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No more chicken Big Macs - EU court rules against McDonald's in trademark case
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No more chicken Big Macs - EU court rules against McDonald's in trademark case
Jun 5, 2024 2:07 AM

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).

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