The a2 Milk Company has begun court proceedings in the Federal Court against Nestle over the Swiss multinational’s registration of a trademark of its baby formula branding for NAN a2. Nestle applied for the trademark in January 2019, four months after launching NAN a2, and the a2 Milk Company filed its opposition with IP Australia in September 2019. In October, a2 alleged Nestle’s proposed trademark is “contrary to law”, “substantially identical or deceptively similar” and that the trademark is similar to another of a2’s which “has acquired reputation in Australia.”
The Australian Trade Mark Office said a2 failed to establish any of the grounds of opposition and allowed Nestle to register its NAN a2 trademark, prompting a2 to lodge an appeal in Federal Court. A2 Milk has launched court proceedings in Australia and overseas in an attempt to protect its IP, as other companies launch a2 protein products.