The EU court resolves the dispute between McDonald's and Supermac's
The EU court's judgment is the result of a dispute between the American giant and the Irish fast food chain Supermac's.
The latter filed an application in 2017 to revoke McDonald's rights to the Big Mac trademark in relation to certain goods and services. This mark was registered in favor of McDonald's by the EU Intellectual Property Office (EUIPO) in 1996.
Supermac's argument
Supermac's argued that its US competitor had not in fact used the Big Mac mark in relation to goods and services in the EU continuously for five years, as required by EU rules. The case first went to EUIPO and then to the EU court.
On Wednesday, the CJEU found that McDonald's had not demonstrated genuine use of the trade mark in the territory of the European Union for a continuous period of five years in relation to goods such as “sandwiches containing chicken”, “food prepared from poultry products” (including nuggets), and related services, including the delivery and sale of these goods at McDonald's locations and drive-ins. Thus, the court declared the mark invalid.
McDonald's may appeal this decision.
From Brussels Jowita Kiwnik Pargana (PAP)
