Supreme Court Upholds Invalidity of Post Milk Generation Mark

The UK Supreme Court has upheld a ruling that the sign “POST MILK GENERATION” cannot be registered as a trade mark for oat-based food and drink products. The decision confirms that the mark falls foul of rules prohibiting the use of the word “milk” as a designation for regulated dairy products under retained EU law. The court found the sign suggested a connection with milk or implied the product was a dairy alternative in a way that risked consumer confusion about its composition. It also noted uncertainty over whether the goods were entirely milk-free or merely low in milk content. The ruling follows earlier decisions by the Court of Appeal and reinforces strict limits on descriptive or misleading terminology in the food and beverage sector. Trade mark applicants in this category must ensure marks do not evoke protected dairy designations.

Small businesses should conduct thorough clearance searches and avoid terms that could be seen as designating regulated product categories when filing in food or drink classes.