IP WEEKLY UPDATES (HOT TOPICS)

2/08/2023

EU TRADEMARKS AND GREENWASHING

 

The phenomenon of greenwashing is now well known and consists of marketing strategies pursued by companies that present their business as environmentally sustainable by linking qualities that have a positive impact on the environment to their products, without scientific evidence. In order to counteract this growth, also in view of the evident increase in the number of filings of so-called green trademarks (see https://euipo.europa.eu/tunnel-web/secure/webdav/guest/document_library/observatory/documents/reports/2023_Green_EUTM_report_update_2022/2023_Green_EUTM_report_2022_update_FullR_en.pdf), the EUIPO and national trade mark offices have started to carry out a more careful assessment of the descriptiveness and deceptiveness of signs from this point of view as well. In this perspective, trademark applications such as “greenline” and “carbon green” were not considered registrable. It should also be noted that a proposal for a European Union directive has recently been approved to prohibit the use of generic environmental indications such as “environmentally friendly”, “natural”, “biodegradable”, “climate neutral” or “ecological”. This is in order to make the protection of consumers and companies investing in the green sector more effective. For details see the full text of the proposed EU Directive No. 85/2023 at the following link https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=COM%3A2023%3A0166%3AFIN