Supreme Court Upholds Ban on Oatly 'Milk' Mark

The UK Supreme Court has confirmed that Oatly AB’s registered trade mark “POST MILK GENERATION” is invalid for oat-based food and drink products. The decision, reported in early 2026, upheld earlier rulings by the UK Intellectual Property Office and the Court of Appeal. The court found that use of the mark in relation to such goods would breach Regulation (EU) 1308/2013, which restricts the term “milk” and similar designations to dairy products. Section 3(4) of the Trade Marks Act 1994 prohibits registration of marks whose use is contrary to law. Dairy UK Ltd brought the challenge, arguing that the mark improperly suggested a connection with regulated dairy items. The Supreme Court agreed, declaring the registration invalid in the relevant classes while leaving other aspects of the mark unaffected. The ruling reinforces strict application of protected dairy terminology rules post-Brexit and clarifies that absolute grounds objections can lead to targeted invalidity even after registration.

Small businesses should avoid descriptive or regulated terms in trade marks and seek specialist advice before filing to prevent later invalidity challenges.