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Oat-based products cannot be sold as 'milk', court rules

The UK Supreme Court unanimously invalidated Oatly's trademark for 'Post Milk Generation,' ruling it fails to clearly describe oat-based products as milk-free, restricting its use on food and drink.

  • On Wednesday, five justices of the UK’s highest court ruled the 'Post Milk Generation' trademark invalid, as Dairy UK argued and the court found it does not clearly describe a characteristic of oat-based products.
  • The Court of Appeal overturned Oatly's challenge after the IPO declared the trademark invalid in January 2023 and the High Court allowed the challenge in December 2023.
  • The High Court ruled the phrase did not market products 'as any particular product, let alone as milk', and `does not clearly describe a characteristic quality of the goods in question`, judges found.
  • Following the decision, both the dairy trade body and Oatly issued contrasting statements: Dairy UK argued the trademark failed to show products were milk-free, while Bryan Carroll said Oatly was `deeply disappointed` and called the ruling `a way to stifle competition`.
  • Oatly appealed to the UK’s highest court in December last year, which delivered a unanimous ruling this week limiting use of 'milk' in non-dairy branding.
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The term "after-milk generation" was prohibited after the representative of the United Kingdom milk producers has considered the use of the term "milk" in a poultry-based product.

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worldtrademarkreview.com broke the news in on Wednesday, February 11, 2026.
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