McDonald's representative brand 'Big
Mac'
McDonald's hamburger Big Mac
was developed in 1967 to appeal to large-sized customers and is a popular menu
until now. It entered into the Korean market in 1988 and got a great response from
consumers at that time. McDonald's registered Big Mac as a trademark in 1996.
< www.intomark.com > WIPS's trademark search database
Ireland's fast food company 'Super Mac'
Founded in 1978, Ireland's
Super Mac is a franchise company with 106 stores in its own country. McDonald's
has been claiming that its trademarks 'Big Mac' and 'Super Mac' can be
confusing to consumers because of similar names. It was reported that the Super
Mac had a very difficult time to enter European market. Then in 2017, Supermac
filed a complaint with the European Intellectual Property Office (EUIPO) that
McDonald's has been hindering its business expansion through trademarks that is
not used as the trademarks. McDonald's claims that the name "Big Mac"
has been widely used throughout Europe.
< supermacs.ie >
Judgment by EUIPO
On the 15th of last month,
EUIPO issued a trademark cancellation ruling that McDonald's did not use the
Big Mac trademark.
After the ruling, Super mac
said that they won the battle of David and Goliath, winning the McDonald's with
its mighty power and trademark rights, and said it was a ruling for smaller
companies.
McDonald's said in a
statement that the decision was to ignore the obvious evidence that the Big Mac
mark was actually being used in Europe and that it would appeal immediately.
After the ruling, Burger
King's Swedish branches ridiculed selling menus with names such as " like Big Mac", "Big Mac like"..etc.
< tmdn.org > Supermac's trademark in Europe
Will McDonald lose the Big Mac
trademark?
The trademark that
McDonald's lost in this lawsuit is 'BIG MAC' which is all capitalized. In fact,
in addition to the capital letter, McDonald's has a number of similar
trademarks such as 'Big Mac' and 'Grand Big Mac'. Therefore, it will not be
difficult to use the name Big Mac in the future. McDonald has lost in 2009
after eight years of trademark lawsuits with Curry Restaurant McCully in
Malaysia. In fact, McDonald's has never lost in trademark lawsuits with other
companies. That's why industry officials are also seeing a high likelihood of
reversing the ruling in the appellate court. We should wait for the next
verdict if McDonald can become the real owner of the trademark right against
Super Mac.
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