Danone has prevailed in a trademark dispute against the A2 Milk Company

The A2 Milk Company has been prevented by Danone from trademarking the term "TRUE a2" for baby and infant formula, as ruled by the Intellectual Property Office of New Zealand. 

The objection raised by Danone's subsidiary, Nutricia, was successful, and they were awarded costs of $4,410. The IP office refused the registration of the trademark, stating that it lacked distinctiveness and consisted of signs or indications that could be used to describe the kind, quality, or characteristics of goods or services. 

A2 Milk's application for the trademark was made in June 2018, and the decision was published on April 13, following a hearing held in November 2021. The assistant commissioner overseeing the case disregarded previous A2 Milk registrations and considered the current application independently. 

Nutricia argued that "a2" and "a2 Milk" were not brands but rather a category of dairy products that any trader could use. They also contended that the term "True" added no unique value to the descriptor "a2." On the other hand, A2 Milk claimed that "a2" was novel, and "True" was not commonly used to describe baby and infant formula. They believed that the combination of "TRUE a2" was inherently distinctive and would be understood by consumers as a product from A2 Milk. 

However, the IP office ruling stated that "a2" could be legitimately used in the context of describing the A2 beta casein characteristics of baby or infant formula and lacked inherent distinctiveness. It also deemed the word "True" to have low inherent distinctiveness. Consequently, the assistant commissioner concluded that the combination of "TRUE a2" was not sufficiently distinctive to be registered as a trademark. 

Nutricia's claim of bad faith in the application was not successful. A2 Milk intends to appeal the decision.