The UK’s Supreme Court has ruled that the Swedish company, Oatly, cannot use the term “milk” when it is promoting its oat-based products.
Five years ago, Oatly registered the trade mark “Post Milk Generation” for use in relation to certain categories of its products.
Oatly, which describes itself as “the world’s original and largest oat drink company”, wanted to use the phrase on T-shirts and oat-based products.
However Dairy UK, the trade association for the UK dairy industry, objected to this.
It applied for a declaration that the registration of the trade mark was “invalid”.
The hearing officer in the UK’s Intellectual Property Office held that the trade mark “Post Milk Generation” was invalid in respect of oat-based food and drink.
That decision in respect of oat-based food and drink was appealed by Oatly and overturned by the High Court in the UK.
Court
The case went before the Court of Appeal who disagreed with the High Court and held that the registration of the trade mark was invalid.
Oatly then launched an appeal to the Supreme Court and it has now “unanimously” dismissed the Swedish company’s appeal.
According to Dairy UK, the ruling by the Supreme Court is “an important decision for the sector as it finally provides clarity on how dairy terms can – and cannot – be used in branding and marketing”.
Dr. Judith Bryans, CEO of Dairy UK said: “It brings greater certainty for businesses and helps ensure that long-established dairy terms continue to carry clear meaning for consumers, while allowing appropriate descriptors to be used where the law permits.”
Oatly
The Supreme Court decision comes in the same week that the Swedish company reported its latest set of financial results which showed that in 2025 it delivered “the first full year of profitable growth in seven years”.
Its fourth quarter revenue was $233.8 million – a 9.1% increase compared to the prior year period.
According to Jean-Christophe Flatin, Oatly’s CEO, the company continues to see “significant potential ahead”.
