Oatly AB v Bidfood Limited [2022] NZIPOTM 20 (22 September
2022)
Bidfood Limited has successfully opposed Oatley AB's
application to register the trade mark BARISTA in New Zealand, in
relation to milk substitutes including oat based drinks in
Oatly AB v Bidfood Limited [2022] NZIPOTM 20 (22 September
2022). The case is one that trade mark attorneys may wish
to discuss over an oat milk latte.
IPONZ initially assessed that BARISTA was sufficiently
distinctive to qualify for registration as a trade mark, so how did
Bidfood win?
Is BARISTA distinctive of milk, milk substitutes?
Bidfood provided evidence demonstrating use of the word BARISTA
by multiple traders in New Zealand in relation to oat, soy and
almond milks both before and after the filing date of Oatley's
BARISTA trade mark application. Although almost none related to oat
milk, Bidfood's counsel asserted that it would be odd if
BARISTA could be distinctive for oat milk, but not for soy, almond
or
