A Big Mac is for everyone. In the sense that McDonald's cannot claim exclusive use of the term, at least in Europe. This was established yesterday by the European Court of Justice in ruling on the appeal of another fast food chain, Supermac's. The Irish chain requested in 2017 that the competitor's exclusivity on the term “Big Mac” be revoked, so that it could use it for its own products. The term was registered as a trademark by McDonald's in 1996, and initially the European Intellectual Property Office – which manages trademarks and patents – rejected Supermac's lawsuit, confirming McDonald's exclusivity. Supermac's, determined to expand in the UK and Europe, continued its battle with an appeal. Today, the Luxembourg Court ruled in his favor, at least in part: not because the “Big Mac” trademark had not been registered, but because with regard to chicken products, McDonald's “has not provided any real proof of the use of this mark. without interruption for a period of five years in the European Union” and therefore lost the right of exclusivity for that duration. Supermac founder Pat McDonagh spoke of a “big victory for anyone with the family name Mac”, then announcing plans to expand its business in the EU. McDonald's instead limited it in an email to Reuters the scope of the decision, affirming that in any case the Big Mac brand uses it mainly for beef-based sandwiches, and that it will continue to sell those with chicken under the name Chicken Big Mac “The decision will not have no impact on our business. in any way whatsoever, the possibility of using or protecting the brand against any infringement”, assured the multinational.
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