McDonald's will appeal after losing some European Union trademark rights to the Big Mac name. Photo / 123RF
McDonald's said it plans to appeal after losing some European Union trademark rights to the Big Mac name after a challenge by smaller Irish rival Supermac's.
The EU's Intellectual Property Office in a Friday decision said McDonald's failed to prove "genuine use" of the trademark across the EU over a
continuous five-year period. The Irish fast-food chain filed its challenge in early 2017, the same year that the Big Mac celebrated its 50th anniversary.
The EUIPO, based in Alicante, Spain, agreed with Supermac's that the evidence given by McDonald's was "insufficient to prove that the EUTM was put to genuine use." McDonald's argued that its EU right was put to extensive use in Germany, France and the U.K., and that that "is sufficient" to prove its use in the bloc.
The ruling can be appealed all the way to the EU's highest court in Luxembourg, and McDonald's plans to fight.
"We are disappointed in the EUIPO's decision and believe this decision did not take into account the substantial evidence submitted by McDonald's proving use of our BIG MAC mark throughout Europe," McDonald's said in an email.
