Aug-Newsletter-Oatly Limits of Brand Sogans

What Happened?

Oatly had registered the trade mark POST MILK GENERATION for oat-based food and drink products. The dispute ultimately reached the UK Supreme Court and concerned the use of the protected dairy designation “milk” within that mark.

In Dairy UK Ltd v Oatly AB [2026] UKSC 4, the Supreme Court confirmed that the registration was invalid for the relevant oat-based products.

The important point for brand owners is that the result did not turn simply on whether consumers would understand “milk” as the generic name of Oatly's product. A protected designation can remain prohibited within a trade mark even when it appears as part of a wider cultural or promotional slogan.

Why It Matters

What Does This Mean for Brand Strategy?

Businesses developing names, slogans and campaign language in regulated consumer sectors should not treat trade mark clearance as a search for conflicting marks alone.

Food and drink businesses in particular may need to consider whether proposed wording incorporates a protected designation and whether any applicable exception genuinely permits its use.

This can matter before significant expenditure is committed to packaging, advertising, websites, creator campaigns and product launches.

What To Do Next

• Audit proposed brand language: consider protected designations as part of clearance for names, slogans and product messaging.
• Do not rely on creativity alone: embedding a regulated term within a broader slogan does not necessarily avoid the restriction.
• Check exceptions carefully: the availability of an exception depends on its actual legal requirements, not simply the overall impression of the campaign.
• Clear before launch: identifying a problem before packaging, advertising and influencer activity begins is considerably easier than changing a brand strategy afterwards.
• Coordinate registration and commercial use: the trade mark application, product description and intended marketing should form part of the same clearance exercise.

Key Points

• Dairy UK Ltd v Oatly AB is a rare UK Supreme Court trade mark decision.
• A protected designation may be prohibited even when used within a broader slogan rather than as the generic name of the product.
• Brand clearance in regulated sectors requires more than checking the trade mark register.
• Businesses should identify designation problems before committing substantial resources to launch and promotion.