The Supreme Court’s resolution of the long-running trade mark dispute Dairy UK Ltd v Oatly AB [2026] UKSC 4 reinforces the primacy of regulatory law over branding creativity in a highly regulated consumer market. The court unanimously held that Oatly’s ‘post-milk generation’ trade mark was invalid for use in relation to oatbased food and drink products, on the basis that its use was prohibited under s 3(4) of the Trade Marks Act 1994. That conclusion turned on the court’s finding that the use of the word ‘milk’ amounted to a prohibited use of a protected dairy designation under assimilated EU Regulation 1308/2013.
While the outcome may not surprise many trade mark practitioners, the significance of the decision lies less in its conclusion than in the court’s reasoning.
The role of section 3(4) in regulated markets
At first glance, the dispute appeared to raise a familiar question about trade mark registrability. In substance
