The Court of Appeal has concluded a case into the use of dairy terms in trade marks, ruling in favour of the dairy sector.
Commenting, Dr Judith Bryans, Chief Executive of Dairy UK said:
“We’re delighted that the Court of Appeal has ruled in favour of Dairy UK in the case regarding the trade mark “Post Milk Generation.” This unanimous decision reinstates the Intellectual Property Office’s original decision, which declared the trade mark invalid for oat-based products.”
This ruling clarifies the legal protection of dairy terms, according to which the term “milk” is reserved for dairy milk, except in defined circumstances. At the heart of the legal matter was whether these rules extend to trade marks, and the Court of Appeal has now confirmed this to be the case.
