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SÃO PAULO – McDonald's lost the hallmark of the Big Mac – the name of its most famous snack – in the European Union. The decision is made by the Office of Intellectual Property of the European Union (EUIPO) in favor of the small Irish network competing with Supermac.
The resolution concludes that the US fast food chain has not provided enough elements to keep the mark.
Background
In 2014, the Irish network requested the registration of Supermac in order to expand the brand in the UK and Europe, but the McDonald's When the hearing in court he presented a series of objections that this name was very similar to that of the Big Mac.
At that time, the Office of Intellectual Property of the European Union decided in favor of the American network to think that the name could be confused with "Big Mac" by the public. The expansion of the Irish was then unachievable.
However, despite the objections, McDonald's also did not use this name in its menu.
It was then in 2017 that Supermac requested the revocation of this decision and the cancellation of the Big Mac brand, claiming that the American network "registered names that it would simply continue to use against its future competitors", according to the press release.
The European body accepted this request last Tuesday (15) in favor of Supermac
But McDonald's did not give up the game. "We are disappointed with the decision of EUIPO and we understand that it has not considered the substantial arguments advanced that prove the use of our Big Mac brand in Europe." the intention to appeal this decision and hope that it will be overturned by the Court of Appeal of the EUIPO. McDonald's its all the legal rights on the Big Mac brand across Europe. "
" It's a win for all small businesses. "This prevents large companies from accumulating brands without intending to use them," said Pat McDonagh, the founder of the company, at the Guardian. McDonald's also registered the SnackBox brand, which is "one of Supermac's most popular products," but does not market anything under that name.
He opened the first Supermac in Ballinasloe, a town in Galway County in 1978. The company now has 106 stores in Ireland and Northern Ireland. The intention now is to resume expansion throughout Europe.
Partial victory for Ireland?
McDonald's has always been "litigated" in the field of trademark rights and usually does not lose its place, said Willajeanne McLean, a law professor at the University of Connecticut.
In 1993, McDonald's got a court order preventing a New York dentist from selling services under the name "McDonalds". And in 2016, the network beat a Singapore company to register the brand "MacCoffe" in the EU.
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