BUSINESS

Why did McDonald’s lose ‘Big Mac’ exclusivity?

The famous hamburger was introduced in the Greater Pittsburgh area in 1967 before roll out across the United States and the world.

When we think of the fast food chain McDonald’s, we often picture the Big Mac, an iconic item on its menu. It consists of two beef patties, melted cheddar cheese, fresh lettuce, pickles, and its signature ‘Big Mac’ sauce, the star ingredient of the burger.

The trademark for the burger’s name was registered in favor of the American multinational in 1996. However, in 2017, it became the subject of a revocation request concerning certain products and services, following an appeal by another fast-food chain Supermac’s. After litigation, the ruling issued by the General Court of the European Union (GCEU) has sided with the appeal of the Irish company.

Who can use the Big Mac brand?

The European court has revoked McDonald’s exclusive right to use this trademark, considering it proven that the burger giant “has not demonstrated effective use” in the EU concerning products such as chicken sandwiches, “dishes based on poultry products,” and in services provided or related to operating restaurant establishments for consumption.

As a consequence of this ruling, any company will be able to use this denomination for their products in the European Union. Furthermore, the court took a further step after partially granting the request in 2019, although it confirmed the protection granted to McDonald’s for the mentioned products.

Can McDonald’s appeal the Big Mac verdict?

The American multinational can appeal the ruling to the Court of Justice of the European Union (CJEU), the body that holds the highest judicial authority in the Union. As for Supermac’s, it opened its first restaurant in 1978, located in Ballinasloe, Ireland.

Its offerings are similar to those of McDonald’s. Regarding its restaurants, they are concentrated in both Ireland and Northern Ireland.

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