Big Macs v Supermac’s: Irish burger chain loses trademark appeal against McDonald’s
Supermac's Trademark Bid Rejected by European Union Intellectual Property Office
Ninoda.com – Galway-based Supermac's has been denied permission to register its name as a trademark across the European Union, according to a recent decision by the European Union Intellectual Property Office (EUIPO). The board of appeal determined that the Irish fast food chain's branding was sufficiently similar to McDonald's established Big Mac trademark to create potential consumer confusion.
Historical Context of the Dispute
Supermac's, which was established by Pat McDonagh in the late 1970s and began operations in Galway in 1978, initially submitted its trademark application to the EU in May 2016. McDonald's immediately contested this filing, pointing out that the Big Mac designation for meat sandwiches had been officially registered since December 1998.
The most recent appeal, decided in June of this year, upheld a previous ruling from last year. That earlier decision had concluded that permitting Supermac's to secure trademark status within the EU would likely result in consumer misunderstanding. Despite this outcome, the current ruling does not affect Supermac's ongoing business operations within Ireland.
Arguments Presented by Both Parties
During its latest appeal, Supermac's legal representatives emphasized that both companies had operated side by side in Ireland for approximately four decades without documented instances of public confusion. The Irish chain's attorneys maintained that "no reasonable likelihood that the relevant public would mistake a Supermac's restaurant for a Big Mac burger" existed.
Furthermore, Supermac's contended that rejecting their application would necessitate accepting an illogical premise: "an that adverse finding would require accepting that a consumer might attend a Supermac's restaurant expecting to purchase a Big Mac." The chain argued this position contradicted McDonald's own evidence, which established that the Big Mac is "almost universally recognised as a product of McDonald's." According to Supermac's, "There is no possible scenario where this might occur."
McDonald's Response and EUIPO Decision
McDonald's countered that the question of coexistence was largely immaterial, asserting that the central issue concerned whether a conflict existed across the entire European Union. The American fast food corporation argued that consumers would not automatically recognize that "Big Mac designated a food product" while "Supermac's designated a restaurant chain." McDonald's submitted to the EUIPO that "The boundaries between food products… and… a restaurant name, are blurred in the perception of the relevant public."
The EUIPO board agreed with McDonald's assessment, noting that the Big Mac trademark enjoys "an enhanced degree of distinctiveness for meat sandwiches" due to intensive use and recognition throughout the EU market. The office explained that greater distinctiveness correlates with increased confusion risk, meaning the possibility of misunderstanding could not be dismissed entirely.
According to the ruling, "It cannot be excluded that the contested sign may be perceived by the relevant public as a sub-brand or a variant of the earlier mark for another (new/enhanced) line of meat sandwiches." The EUIPO further observed that both signs shared semantic elements capable of suggesting a connection in consumers' minds. Since the Big Mac trademark protects the designation across the entire EU, the board concluded that proof of coexistence in a single member state was insufficient to overcome the potential for confusion.
Broader Legal Battle Continues
The trademark dispute represents just one chapter in the extended legal confrontation between the two chains over brand terminology, particularly terms containing "Mac." In a separate development in 2024, the European Court of Justice issued a ruling following Supermac's legal challenge, determining that McDonald's no longer holds exclusive rights to use the "Big Mac" label when referring to chicken burgers sold within the EU.
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