Is chicken a meat? Is a chicken burger a sandwich? Unusual existential questions to ponder but ones which spring to mind when looking at the recent decision in Case T -58/23 Supermac’s (Holdings) Ltd v EUIPO and McDonalds International Property Co. Ltd at the EU General Court. What the decision does not mean, and contrary to reporting in the press, is that McDonalds may no-longer use BigMac. Plans to launch your own range of BigMac burgers will have to go on hold!
For BigMac aficionados this is the latest decision in the seemingly bitter feud between the two companies. It focusses on the seemingly obvious question of whether McDonalds has used the trade mark BigMac or whether the registration should be cancelled. In so doing it reveals a cautionary tale and some useful take home points for trade mark proprietors and their advisors.
