Dairy UK Ltd v Oatly AB [2026] UKSC 4 – S 3(4) TMA - Point 5 of PART III of Annex VII MAPR – FICR – MCAD.
- prohibited registration of trade mark.
- regulation of dairy terms such as “milk” in marketing of agricultural products.
1) use of term “milk” in respect of oat-based food or drink is prohibited.
- prohibition bites where designation used for relevant product; not necessary that used as name of the product.
2) designation of term “milk” in relation to oat-based food or drink only permitted on basis that used to describe a “characteristic quality of the product” such as “milk free” where this is done “clearly”.
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