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McDonald's loses another EU trademark battle against Irish chain Supermac's

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McDonald's loses another EU trademark battle against Irish chain Supermac's

McDonald's Corp. has lost its claim to use the "Mc" trademark on some of its products sold within the European Union following a case brought by Irish fast-food chain Supermac's Holdings Ltd.

McDonald's no longer owns exclusive rights to market some of its products with the "Mc" prefix after the European Union Intellectual Property Office, or EUIPO, ruled that "the trademark has not been put to genuine use in the Union for the goods or services for which it is registered."

However, the office has upheld McDonald's right to use the "Mc" prefix on chicken nuggets and some sandwiches.

Supermac's filed a request for revocation in April 2017. It asked the EUIPO to revoke McDonald's use of the trademark in some of its goods and services, saying the U.S. company did not put the trademark to genuine use.

In its ruling, the EUIPO said McDonald's "either did not submit any evidence of use or the evidence produced is insufficient in terms of extent and/or nature."

The Chicago-based chain did not immediately respond to S&P Global Market Intelligence's request for comment after business hours. But a company spokesperson told the Irish Independent that the decision "does not impact McDonald's ability to use its Mc-prefixed trademarks or other trademarks throughout Europe and the world."

"McDonald's will continue to enforce its rights. McDonald's considers its family of Mc-prefixed trademarks to be among its most valuable assets as customers throughout the world immediately recognize these trademarks as being associated with great quality food offered by McDonald's," the spokesperson reportedly added.

Pat McDonagh, Supermac's Ireland Ltd.'s managing director, told the newspaper that the company is "delighted with the latest decision by the EUIPO to remove McDonald's' monopoly of the 'Mc' prefix."

"They wanted to trademark the term 'Mc' for everything, but this judgment means they can't have it," McDonagh added.

In January, McDonald's lost its trademark for its Big Mac burger in the EU after the EUIPO also ruled that the company was not using the trademark according to EU law.

The case was also brought by Dublin-based Supermac's.