EU court further restricts BIG MAC protection area
Update: BIG MAC remains a trademark—but with reduced scope of protection
The spectacular decision by the EUIPO’s Cancellation Division in January 2019, which revoked the EU trademark BIG MAC in its entirety due to lack of use, has been relativized in the subsequent instances—but not entirely in McDonald’s favor.
EU court further restricts BIG MAC protection area
McDonald’s lodged an appeal and submitted extensive supplementary evidence of use (including cash register receipts, advertising material, market studies, and online statistics). The EUIPO Board of Appeal then recognized use that preserves rights for key goods and services, in particular for (beef) meat and poultry products, sandwiches, and restaurant services. The complete revocation was thus converted into a partial revocation.
However, Supermac’s was not satisfied with this and appealed to the EU Court of Justice. In its judgment of June 5, 2024, in Case T-58/23 (Supermac’s v EUIPO – McDonald’s International Property Company, BIG MAC), the Court partially annulled the Board of Appeal’s decision and further reduced the scope of protection of the BIG MAC trademark.
The court did not consider the use of the trademark for “chicken sandwiches,” “foods prepared from poultry products,” and certain services related to the operation of restaurants, drive-through facilities, and takeaways to be sufficiently proven. The protection of the EU trademark BIG MAC was therefore revoked for these goods and services.
At the same time, the court confirmed that McDonald’s had sufficiently proven use for “meat sandwiches” and beef burgers; in this core area, the BIG MAC trademark therefore remains protected in the EU.
The ruling is an impressive example of how even trademarks with considerable renown are not immune to partial cancellation due to non-use—and that the specific nature of the use (e.g., beef vs. poultry, burgers vs. restaurant services) can be decisive in the use proceedings.
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