Supermac’s: Irish fast food chain loses Big Mac trademark appeal

In its most recent appeal in June of this year, the Irish chain argued both it and McDonald’s had coexisted in Ireland for around 40 years and there had been no evidence of confusion.

Its legal team also argued there is “no reasonable likelihood that the relevant public would mistake a Supermac’s restaurant for a Big Mac burger”.

Supermac’s also argued “an that adverse finding would require accepting that a consumer might attend a Supermac’s restaurant expecting to purchase a Big Mac.

“That proposition is fundamentally inconsistent with the opponent’s own evidence, which seeks to establish that Big Mac is almost universally recognised as a product of McDonald’s. There is no possible scenario where this might occur.”

McDonald’s, in reply, claimed the issue of coexistence was irrelevant, adding the issue to be decided was “whether there exists a conflict in the European Union”.

The fast food giant further said consumers would “not inevitably be able to easily recognise that Big Mac designated a food product” while Supermac’s “designated a restaurant chain”.

“The boundaries between food products… and… a restaurant name, are blurred in the perception of the relevant public,” McDonalds submitted to the EUIPO.