Oatley Fails "Barista" Registration In New Zealand

• Published date: 06 December 2022
• Subject Matter: Intellectual Property, Trademark
• Law Firm: HFG Law & Intellectual Property
• Author: Crystal Yulan Zhang

The term "barista" is commonly used as a title to describe the person who prepares and serves coffee drinks behind a counter. Can it be owned by someone as a trademark? In an attempt of registering "BARISTA" as a trademark in New Zealand, Swedish oat milk maker Oatly AB has met some obstacles.

One of Oatly's most popular products is "Barista Edition" oat drink which is dense and foam-able so that everyone can make a coffee latte like a barista.

In 2022, Oatly AB filed an application to register "Barista" as a trademark in New Zealand designating to goods under milk substitutes including oat-based drinks. The application was opposed by wholesale food distributor Bidfood Limited and the opposition has been supported by the Intellectual Property Office of New Zealand.

The opposer Bidfood Limited, who owns a brand named "Barista Federation", provides evidence to show that "barista" has been used on various soy and almond milk products in New Zealand for nearly a decade.

While no company has previously attempted to legally register the term as their own, Oatly's application was bound to prohibit many other companies in the country from using "barista". It also added that "Barista" is a generic and descriptive term that is commonly known as someone who prepares and serves coffee as a professional and cannot distinguish...