EU General Court Judgment in Case T-58/23 Supermac’s v EUIPO on McDonald’s International Property (BIG MAC)

Wednesday 29th May 2024

EU General Court Judgment in Case T-58/23 Supermac’s v EUIPO – McDonald’s International Property (BIG MAC)

(Intellectual, industrial and commercial property – Trade marks)

Supermac’s and McDonald’s, an Irish and American fast food chain respectively, are involved in a dispute concerning the use of the word sign BIG MAC registered in the EU.

McDonald’s registered the word sign in 1996 to cover a number of goods and services.

In 2017, Supermac’s applied for revocation on the grounds that the mark

had not been put to genuine use in the EU for an uninterrupted period of five years. The European Union Intellectual Property Office (EUIPO) had established the revocation of rights in respect of certain goods and services.

However, it confirmed McDonald’s right to use the word sign BIG MAC for certain goods an services, including meat and chicken sandwiches, as well as for services provided or connected with the operation of restaurants and other catering establishments or infrastructures for consumption and “drive-in”.

Supermac challenged EUIPO’s decision before the General Court.

Background Documents T-58/23