Supermac's Wins UK Trademark but Loses EU Appeal

The United Kingdom Intellectual Property Office ruled that the Irish fast-food chain Supermac's can register its name and logo in the UK, concluding that consumers are unlikely to confuse the brand with McDonald's trademarks such as the Big Mac and McCafé.

This victory follows a divergent ruling from the European Union Intellectual Property Office (EUIPO), which determined that the Supermac's logo is too similar to the Big Mac mark. The EUIPO board of appeal found this similarity creates a likelihood of confusion for English and German-speaking consumers across the European Union. While the ruling prevents EU-wide registration, it does not impact the ability of Supermac's to trade under its name within the Republic of Ireland.

Supermac's argued that the two companies had coexisted in Ireland for 40 years without confusion, but the EUIPO rejected this, stating that coexistence must be demonstrated across the entire EU. These disputes follow a June 2024 decision by the Court of Justice of the European Union that favored Supermac's by delisting Big Mac as a trademarked restaurant and banning its use on poultry products.

Pat McDonagh, founder of Supermac's, characterized the legal battle as a "David vs Goliath" fight, asserting that legal protections should be based on law rather than a company's financial strength.