Supermac’s Wins the Big Mac Battle in the EU
McDonald’s has lost its grip on the “Big Mac” name in a European Union trademark showdown that tipped the scales in favor of Ireland’s Supermac’s. The decision, handed over to Reuters by Supermac’s, stripped McDonald’s of the trademark, citing a lack of genuine use over the five years preceding the 2017 complaint.
What the EUIPO Decided
- McDonald’s failed to show consistent, real-world use of “Big Mac” in the EU.
- Returned evidence—website screenshots, posters, packaging, and affidavits—was deemed insufficient.
- EUIPO’s verdict left the door open for anyone in the EU, including Supermac’s, to use the name.
Impact on the Fast‑Food Landscape
With the ruling in hand, Supermac’s can finally roll out “Big Mac” inspired burgers across the UK and mainland Europe. Founder Pat McDonagh expressed sheer delight, calling it a triumph against what he describes as “trademark bullying.”
“This is a great victory for business in general,” McDonagh wrote. “It stops big companies from hoarding trademarks without actually using them.”
McDonald’s Response
McDonald’s, known for its litigious streak in trademark land, hasn’t responded publicly yet. The chain may still appeal, leaving the outcome hanging in the balance.
Legal History Primer
- 1993 – Blocked a New York dentist from using “McDental.”
- 2016 – Dismantled a Singapore firm’s attempt to register “MACCOFFEE” as an EU mark.
Willajeanne McLean, a law professor at the University of Connecticut, notes that McDonald’s typically wins in these battles, but this tug‑of‑war with Supermac’s is proving to be a tough nut to crack.
Looking Ahead
While McDonald’s faces a setback in this case, the broader lesson is clear: a trademark is only valuable if it’s actively used. Supermac’s victory underscores that smaller players can prevail if they stick to the facts—and that giant corporate brands aren’t immune to the rules of the land.
