Dairy UK (appellant) v Oatly AB (respondent)
Wednesday 20 November 2024
Appeal against the Order of Richard Smith J, dated 20 December 2023, that allowed the appeal and set aside the decision of the Comptroller-General.
The judge determined an appeal against a decision of the Intellectual Property Office dated 17 January 2023 that the UK trade mark registration for the word mark POST MILK GENERATION (the Mark) ought to be declared invalid for the goods registered in classes 29, 30 and 32 of the specification on the grounds that the Mark offended against section 3(4) of the Trade Marks Act 1994 (the Act). Specifically, the Hearing Officer found that the Mark was prohibited by reason of Article 78(2) of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products (the Regulation) and Part III of Annex VII thereto addressing the use of the term “milk” in relation to products that are not mammary secretions.
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