The world’s most famous hamburger, the Big Mac, no longer belongs to the US chain McDonald’s. The case played out in the European Union.
It was a surprising legal defeat, so below we explain why McDonald’s lost the Big Mac registered trademark.
Say “Big Mac” and we all think of the McDonald’s hamburger, the company’s trademark and recognizable icon. But it seems the giant M forgot one small detail: registering that trademark as its own.
The European Union Intellectual Property Office (EUIPO) revoked McDonald’s rights in the Big Mac registered trademark, on the grounds that the US chain had not submitted sufficient evidence to prove the “extent of use” in the EU.
How did McDonald’s lose the Big Mac trademark?
It all started in 2014, when the Irish fast-food chain Supermac’s applied to register the “Supermac” trademark with a view to expanding into the United Kingdom and Europe. But McDonald’s filed an opposition, arguing that the similarities between the two marks could cause “confusion” among the public. At that point, the EUIPO sided with the US company.
The conflict continued in 2017, when Supermac’s decided to seek revocation of the protection for the Big Mac name, claiming that McDonald’s “registers names that it simply stockpiles to use against future competitors.”
This time, the EU office accepted the request and took action, as it considered the evidence submitted by the US company in the proceedings insufficient. Some time later, the case was decided, and the ruling allows any company to use the “Big Mac” name in the European Union. So much so that two well-known figures from fast-food chains commented on the outcome.
Pat McDonagh, founder of Supermac’s
Pat McDonagh, the founder of Supermac’s, said: “This is a great victory for businesses in general, and it stops bigger companies from bullying others by not allowing them to hoard trademarks without using them.”
Iwo Sakowski, CEO of Burger King Sweden
Burger King also took the opportunity to poke fun at its big rival. “McDonald’s just lost its Big Mac trademark for suing a much smaller player in the market… We find it very amusing,” said Iwo Sakowski, CEO of Burger King Sweden.
In Sweden, Burger King renamed its menu items with phrases such as “Like a Big Mac, but actually big,” “The burger the Big Mac wishes it was,” and “Anything but a Big Mac.” It even made an advertising video in which several customers walk up to the counter and order their Big Macs at Burger King.
The game didn’t end there
McDonald’s said it would appeal the decision, stating: “We are disappointed with the decision of the European Union Intellectual Property Office (EUIPO), and we believe this decision did not take into account the substantial evidence submitted by McDonald’s demonstrating the use of our Big Mac trademark across Europe.”
“We intend to appeal the decision and are confident it will be overturned by the EUIPO Board of Appeal. Despite the decision, McDonald’s has full and enforceable trademark rights in the ‘Big Mac’ trademark throughout Europe,” the statement continues.
This European legal battle only affects the European Union. In Argentina, the decision has no effect and does not affect sales of the famous burger.
Big Mac, a hugely popular icon
Keep in mind that this famous burger was launched in 1968 and has since been McDonald’s best-selling product of all time. On average, McDonald’s serves approximately 91 million Big Macs a year in Latin America and around 17 million a year in Argentina alone.
Its success was such that the burger earned special worldwide recognition: The Economist magazine used its price to create the Big Mac Index, an economic tool that compares purchasing power across the countries where it is sold.
Given what happened to a global giant’s trademark, we believe it is wise — and extremely important — to get professional advice on trademark and patent registration. That way, you can develop and grow a brand without running into problems of this magnitude.
Further reading:
