If someone had trademarked the term “Milky Taste” 20 years ago, they’d be creaming it now (excuse the pun)! And this is why…
A trademark like that, tied to the distinctive sensory experience of dairy, would have been incredibly valuable today, especially with the growing demand for plant-based alternatives.
Oatly, the popular plant-based milk brand, recently faced a legal setback when the UK Court of Appeal rejected its attempt to trademark the term “milk” for its plant-based products. The court ruled that “milk” is a generic term for dairy products, making it unsuitable for trademark protection. As a result, Oatly’s bid to trademark “milk” was deemed invalid, illustrating the challenges plant-based brands face when competing with traditional dairy.
But here’s the interesting twist: unlike “milk,” the Plant-Based Trademark—a certification mark—has been designed specifically to give plant-based products their own identity. It avoids the issues that generic terms face by certifying products as authentically plant-based without the need for a broad or overly generic claim.
While traditional dairy terms like “milk” cannot be trademarked due to their universal use, the Plant-Based Trademark provides plant-based companies with a powerful way to protect their brand and build consumer trust. It’s a distinctive mark that assures buyers of the product’s quality and origin, making it more than just a label—it’s a seal of authenticity, backed by proper trademark registration.
So, while “milk” may be a common term that can’t function as a trademark, creating a unique certification mark, like the Plant-Based Trademark, is a smart way for brands to stand out and ensure their message is protected in the marketplace through trademark registration.
So… does this apply to your industry and if it does, speak to us to work out how you can get ahead of it with the right trademark advice.
