A ruling by the European Union's highest court has meant that McDonald's has lost its exclusive right to use the name “Big Mac” on any chicken burger sold within the EU.
The American fast food chain popularised the nickname for its big hamburger sandwich and trademarked it in the EU in 1996.
But following a lawsuit from a rival Irish chain, other companies will be free to use the name “Mac” to sell chicken products and in their chain names.
The European Court of Justice found that McDonald's had failed to prove genuine use of its trademark for five continuous years.
“McDonald's will lose its EU trademark 'Big Mac' for chicken products,” the judges ruled.
McDonald's said in a statement that the court's decision does not affect its right to use the “Big Mac” trademark.
But it paves the way for other chains to use the name, including Supermac's, the company that filed the lawsuit.
Founded in Galway in 1978, Supermac's sells beef burgers, chicken burgers and chicken nuggets in 120 red and white branded stores across Ireland.
it has been embroiled in a seven-year legal battle The company is currently in dispute with a US chain over the rights to use brand names including “Mac.”
Supermac's managing director Pat McDonagh said the ruling demonstrated a “common sense approach to trademark use by major multinational companies”.
Supermac's accuses McDonald's of “bullying” smaller companies and trying to stifle competition by protecting its trademarks.
The dispute dates back to 2017 when McDonald's blocked Mr McDonagh from trademarking “Supermax's” to pave the way for its expansion outside Ireland.
McDonough countered that because McDonald's doesn't use its trademark on its restaurants, other companies shouldn't be blocked from using the word “Mac” in their names.
“Going into this fight, I knew it was going to be a David versus Goliath battle,” McDonough said.
“We wholeheartedly welcome this ruling as a vindication for small businesses taking on powerful global institutions around the world.”
“Our iconic Big Mac is loved by customers across Europe and we are pleased to continue to proudly serve local communities, as we have done for decades,” McDonald's said.
The chain did not say whether it plans to appeal the decision.
The ECJ's ruling resulted in the cancellation of McDonald's trademarks for its restaurants and chicken products, with only the trademark originally mentioned for its red meat burgers being retained.
Supermax's is currently in a dispute with McDonald's over its UK trademark, as EU trademark law no longer applies in the UK after Brexit.
