Supermac's has won its long running case against McDonald's to have the use of the "Big Mac" trademark cancelled throughout Europe.

The European Union Intellectual Property Office has ruled that McDonald's had not proven genuine use of the contested trademark as a burger, or as a restaurant name.

The Irish fast food company had claimed that McDonald's engaged in "trademark bullying" by registering brand names only to store them away "in a war chest to use against future competitors."

It was also decided that McDonald's will bear the costs for the revocation.

Supermac’s managing director, Pat McDonagh, said that the judgement represents a victory for small businesses all over the world. “We knew when we took on this battle that it was a David versus Goliath scenario but just because McDonald's has deep pockets and we are relatively small in context doesn’t mean we weren’t going to fight our corner."

"The original objective of our application to cancel was to shine a light on the use of trademark bullying by this multinational to stifle competition. We have been saying for years that they have been using trademark bullying," Mr McDonagh said.

"They trademarked the SnackBox, which is one of Supermac’s most popular products, even though the product is not actually offered by them."