LUXEMBOURG (dpa-AFX) - The US fast food giant McDonad's has lost the
trademark rights to the Big Mac name for 'poultry products' like
chicken burgers, the EU General Court ruled on Wednesday.

McDonald's 'has not proved genuine use within a continuous period of
five years in the European Union' of the trademark rights for certain
products, a statement on the ruling from the EU's lower court said.  

The case centres on a long-running legal dispute between the US fast
food giant and Irish fast food chain Supermac's over the trade mark
rights to the Big Mac name.

McDonald's has registered the name Big Mac since 1996, however,
Supermac's contested in 2017 that McDonald's has not properly used
the trademark for five years.

The European Union Intellectual Property Office (EUIPO) partially
upheld this claim from Supermac's but decided that the trademark
would still remain with McDonald's for meals made from beef and
poultry, for sandwiches, and for restaurant services and drive-in
facilities.

Now the Luxembourg-based court has further limited McDonald's rights
to the trademark, ruling that McDonald's may no longer use the
trademark for poultry products like chicken burgers or for services
in connection with restaurants and drive-in stores.

The EU General Court said McDonald's submitted insufficient evidence
to the EUIPO that the trademark was being seriously used for poultry
products such as sales volumes.

The well-known Big Mac, which McDonald's says is made with beef, is
unlikely to be affected by this decision.

The ruling may still be appealed at the European Court of Justice
(ECJ), the EU's highest legal chamber.


Copyright dpa