IP analysis: The Court of Appeal allowed an appeal by Dairy UK Ltd and reinstated a declaration made by the UK Intellectual Property Office that Oatly AB's trade mark ‘POST MILK GENERATION’ was invalidly registered for oat-based goods. The court of appeal followed the ruling in VSW v TofuTown,and held that trade marks would fall within the definition of ‘designation’ under Regulation (EU) 1308/2013 (the ‘Regulation’) on labelling of agricultural products. Both the Regulation and VSW v TofuTown being assimilated law pursuant to the Common Organisation of the Markets in Agricultural Products Framework (Miscellaneous Amendments, etc) (EU Exit) Regulations 2019. The trade mark ‘POST MLK GENERATON’ containing the term ‘milk’ shall be used exclusively for dairy products derived from animals. The court found that the trade mark was not of such a nature as to deceive the public, however, it failed to describe any characteristic of the oat-based products in question and was invalidly registered. Written by...
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