An ongoing legal conflict between McDonald’s and the Irish restaurant chain Supermac’s has resulted in a setback for the latter. The European Union Intellectual Property Office (EUIPO) ruled that Supermac’s cannot register its brand as an EU-wide trademark, citing the potential for confusion with the well-known McDonald’s Big Mac trademark.
According to the EUIPO, the similarities between the names pose a risk of consumer confusion, particularly among German and English speakers. The board of appeal determined that the Big Mac brand possesses significant distinctiveness due to extensive use, which increases the likelihood that the public might mistakenly associate the Irish chain as a sub-brand or variation of the McDonald’s product line. This decision applies specifically to EU trademark registration and does not hinder Supermac’s operations within Ireland.
Supermac’s, established by Pat McDonagh in 1978, argued that both companies have operated side-by-side in Ireland for four decades without incident. Legal representatives for the Irish firm contended that consumers are capable of distinguishing between a restaurant brand and a specific food product. However, the EUIPO maintained that regional coexistence does not negate the potential for confusion across the broader European market.
This case is part of a broader, multi-year legal struggle between the two entities over branding rights. While Supermac’s previously secured a victory in 2024 when the European Court of Justice restricted McDonald’s exclusive rights to the Big Mac label for chicken sandwiches, this latest ruling reinforces the strength of McDonald’s core trademark protections across the European Union.
