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Big Macs v Supermac’s: Irish burger chain wins UK trademark case
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An Irish fast food chain locked in a long running dispute with McDonald’s has been told it can register its name and logo in the UK.
The UK’s Intellectual Property Office ruled the average consumer would not make a link between Galway-based Supermac’s logo and name and McDonald’s existing trademarks including Big Mac and McCafé.
Supermac’s was founded by Galway businessman Pat McDonagh in 1978 and is now the largest Irish-owned fast food restaurant firm in the Republic of Ireland.
The two chains have been embroiled in a long running legal battle over the right to use brand terms including “Mac”.
The UKIPO said there were significant visual, aural and conceptual differences between the Supermac’s and McDonalds marks, which were “sufficient for a consumer not to directly confuse the marks”.
According to Irish broadcaster RTÉ News, it further said that “no link will be made by the consumer” in relation the Mc/Mac elements of the branding.
Speaking to RTÉ McDonagh said: “We’ve never had their scale or resources, but we’ve always believed every business deserves the same protection under the law, regardless of its size.”
Image source, Supermac’sThe UK ruling comes just weeks after the European Union Intellectual Property Office upheld a decision that means Supermac’s cannot register its name as a trademark in the European Union.
In June, EUIPO’s board of appeal said Supermac’s logo and signage was too close to its US rivals Big Mac trademark.
EUIPO said there was a likelihood of confusion between Supermac’s and the Big Mac trademark for English and German speaking consumers.
That ruling does not impact on Supermac’s trading in Ireland.
The Irish fast food chain had been seeking to appeal a ruling made last year that found allowing Supermac’s to register its name as a trademark within the EU would lead to the likelihood of confusion.
Supermac’s first applied for a trademark in the EU in May 2016.
McDonald’s opposed that move, saying Big Mac has been registered as a trademark for meat sandwiches since December 1998.
In 2024, following a legal challenge from Supermac’s, the European Court of Justice ruled McDonald’s no longer has the exclusive right to use the label “Big Mac” in reference to chicken burgers sold in the EU.
