Michael Edenborough KC acted for Oatly in a High Court appeal from the UK IPO concerning the use of the word 'milk' in the trade mark 'Post Milk Generation', which is used on the packaging of some of Oatly’s oat based products.

Dairy UK, the respondent, argued that the use of the word 'milk' in the trade mark was prohibited by Regulation (EU) 1308/2013 Annex VII Part III, which reserves the term “milk” for “normal mammary secretions”.

However, Mr Justice Richard Smith ruled that the trade mark is compliant with the Regulation. Dairy UK has reserved its right to apply for permission to appeal to the Court of Appeal.

Read more about Michael's practice here.

This judgment was covered in the Daily Mail and City A.M., here and here.