Supermac's has been successful in gaining a landmark EU decision against McDonald's to partially cancel the 'Mc' trademark, after fast food giant McDonald’s had claimed exclusivity over it.
The European Union Intellectual Property Office (EUIPO) has ruled McDonald's' use of the prefix 'Mc' can't be exercised at just McDonald's' discretion but has to be subjected to a proof of use test to the EUIPO. That’s according to today’s Irish Independent.
An assessment of proof of use conducted by the EUIPO on a range of McDonald's' products found the fast food giant should only use the prefix 'Mc' on chicken nuggets and single sandwiches.
Managing director of Supermac's Ireland Ltd, Galway native Pat McDonagh, who has been engaged in a long-running battle with McDonald's over trademarks, said yesterday "McDonald's tried to argue that because they had some products that started with 'Mc' that the term 'Mc' was so synonymous with them that they had the right to own and trademark.
"We are delighted that the EUIPO found in our favour and that we can now say that we have rid Europe of the McDonald's self-styled monopoly of the term 'Mc'.
"They wanted to trademark the term 'Mc' for everything, but this judgment means they can't have it."
Earlier this year Supermac's won a long running case to have the Big Mac trademark cancelled.
Mr McDonagh said: "The judgment by the EUIPO is an indication of how important the European institutions are to help protect businesses that are trying to compete against faceless multinationals.