In December 2025 the UK Supreme Court declared that the trademark used by the manufacturer of oat-based food and drink products, “Post Milk Generation”, was a designation of their products was invalid.
The EU milk and milk products regulations are curious. “Milk” means exclusively “the normal mammary secretion obtained from one or more milkings without either addition thereto or extraction therefrom”. Milk products are products derived exclusively from milk. The term “milk” may be used in certain designations (for instance milk chocolate) but not to designate a product which is not milk. As regards milk itself, the animal species from which the milk originates must be stated if it is not bovine. On the other hand, the court found that a hypothetical trademark “Milk Free” would be permissible because it would describe a characteristic quality of the product – i.e. that it does not contain any milk. That was not clearly the case in the impugned trademark. On the other hand, the court found that the words “Post Milk Generation” would be valid if placed on a T-shirt because “it is most obviously describing a type of young consumer who might proudly wear a T-shirt proclaiming to be a member of the anti-milk Post Milk Generation.
This case is reported for curiosity value and not for having any relevance in South Africa.