Collo vs McDo

Companies and media

Supermac's and Pat McDonagh

An Irish chain founded in 1978 by a former schoolteacher. In 2019, it obtained the partial revocation of the “BIG MAC” trade mark in the European Union.

In brief

  • Irish fast-food chain founded in 1978 by Pat McDonagh, a former teacher — “Supermac” was his nickname on the Gaelic football pitch.
  • Filed with the EUIPO in 2017 an application for revocation of the European Union trade mark BIG MAC, for lack of genuine use.
  • 11 January 2019: the EUIPO cancellation division declares revocation in full — the evidence of use produced is held to be insufficient.
  • 5 June 2024: the General Court of the European Union (Case T-58/23) confirms the revocation for certain goods and services, but the trade mark remains valid for meat sandwiches.

The case is often wrongly summed up as “McDonald's lost the Big Mac”. That is inaccurate. The BIG MAC trade mark remains protected in the European Union for meat-based sandwiches — that is, for the product itself.

What Supermac's obtained concerns the extent of the protection: the trade mark had been registered for a broad scope — including chicken-based products and restaurant services — which McDonald's failed to show it actually used. And European law is clear: it is for the proprietor to prove genuine use of its trade mark, and the lack of proof entails revocation.

That is the procedural lesson. A major brand loses rights not because a competitor demonstrates something, but because it did not produce the documents it was asked for.

Sources

External sources.

  1. General Court of the European Union, 5 June 2024, Case T-58/23, McDonald's International Property Co. v. EUIPO — CURIA

Where this comes up in the case file

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