Supermac's wins UK trademark battle with McDonald's after EU setback

Supermac’s founder said: 'We’ve never had their scale or resources, but we’ve always believed every business deserves the same protection under the law.'

Supermac’s founder and managing director, Pat McDonagh, said the decision represents another significant legal victory for his company in defending its identity against opposition from the US multinational.

Supermac’s has won the latest round of a long-running legal battle with McDonald’s over trademarks, with the UK Intellectual Property Office ruling that the Irish fast-food chain’s name and logo can be registered in the UK.

Supermac’s founder and managing director, Pat McDonagh, said the decision represents another significant legal victory for his company in defending its identity against opposition from the US multinational.

McDonald’s unsuccessfully claimed that the registration of Supermac’s marks would conflict with its existing UK trademark rights including “Big Mac” and McCafe.

The ruling is seen as an important development in allowing Supermac’s to move forward on its plans to develop its brand in Britain.

It was also a welcome development after a recent ruling by the European Union Intellectual Property Office (EUIPO) in June dismissed the Irish company’s appeal against a decision to reject its application to have Supermac’s registered as a trademark across the EU.

The UKIPO ruled that the respective Supermac’s and McDonald’s marks had significant visual, aural and conceptual differences which, in relation to the Mc/MAC element, were “sufficient for a consumer not to directly confuse the marks". 

Although it acknowledged that McDonald’s had a substantial reputation and extensive goodwill, it found the difference between the two marks were such “that no link will be made by the average consumer".

Supermac’s founder and managing director, Mr McDonagh, said the case was never about taking on McDonald’s but about defending the identity of an Irish business.

“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,” said Mr McDonagh.

“We weren’t trying to use anyone else’s reputation. We were simply protecting our own,” he added.

Mr McDonagh said the case reinforced an important principle that the law should protect businesses “on the strength of evidence, not on the size, influence or resources of the parties involved.” 

The ruling follows Supermac’s successful action which resulted in a Court of Justice of the EU ruling in June 2024 which delisted “Big Mac” as a trademarked restaurant and stopped McDonald’s using the name on poultry products.

However, in a separate ruling in June, the EUIPO decided that Supermac’s logo was too close to its rival’s “Big Mac” mark to allow it to be registered as an EU trade mark, although it does not affect its ability to trade under its own name in the Republic.

A EUIPO board of appeal rejected Supermac’s claim that there was no reasonable likelihood that the public would mistake a Supermac’s restaurant for a Big Mac burger.