Big challenges for green trademarks
There is no longer any doubt about the urgency of tackling climate change. Introducing the latest Intergovernmental Panel on Climate Change report in March 2023, United Nations Secretary-General António Guterres called on all countries to bring net-zero plans forward by a decade. The report stated: “There is a rapidly closing window of opportunity to secure a liveable and sustainable future for all.”
With this growing awareness of the importance of climate considerations, many brand owners are developing environmentally friendly goods and services. In tandem, trademarks and other IP rights can play a vital role in communicating environmental credentials to consumers. For example, trademarks may include terms, images or slogans to convey the message that a product is organic, good for the planet or that it promotes recycling. Collective trademarks and certification marks, such as the Forest Stewardship Council (FSC), Marine Stewardship Council (MSC) and Rainforest Alliance, can also be used to indicate authenticity and compliance with specific standards.
That being said, trademarks that use terms such as ‘eco’ or ‘green’ in misleading or purely descriptive ways are likely to be rejected by IP offices or challenged in revocation proceedings. Indeed, a number of judgments from the EU General Court have found that such terms cannot function as trademarks in certain circumstances. Therefore, applicants must pay close attention to what is and is not likely to be permitted.
Growth of green trademarks
It is clear from a recent European Union Intellectual Property Office (EUIPO) analysis that ‘green’ trademarks are very appealing to applicants. The office’s updated report on green EU trademark (EUTM) filings, published in February 2023, looked at applications whose specifications contain at least one term from a list of over 900 that have been identified as green, such as photovoltaic, solar heating, wind energy and recycling.
