New approaches in EU trademark law regarding environmental (“green”) signs: why many such applications may be refused or declared invalid. There are two grounds for refusal of registration: descriptiveness and lack of distinctiveness.
Descriptiveness and Lack of Distinctiveness
EU courts and the EUIPO are increasingly refusing to register “green” signs where they merely describe environmental characteristics of goods or services. For example, words such as “eco” may be considered descriptive, as they simply indicate an environmental feature of a product and should remain available for use by all market participants.
The EU courts also emphasize that many environmental slogans are perceived by consumers not as a brand, but as general information about the quality or environmental friendliness of a product; therefore, they lack sufficient distinctiveness to be registered as a trademark.
EUIPO Practice
EUIPO practice is not yet fully consistent. Some applications for “green” signs are refused (for example, “locally grown sustainable”, “re-use”, “upcycling”, “green cotton”), while other similar slogans may be registered. This indicates that the boundary between descriptive and distinctive signs in the field of sustainability remains debatable.
Potential of EU Certification Marks
EU certification marks may become an effective tool for confirming the environmental characteristics of goods. They involve independent standards and verification, which increases consumer trust in “green” claims.
At the same time, there is a problem: the EU register already contains many individual trademarks with names suggesting certification or sustainability, even though they are not necessarily linked to independent standards. This may mislead consumers and distort competition.
Conclusion: European trademark law is increasingly responding to the issue of “green branding” and potential greenwashing. To ensure market transparency, it is important to distinguish genuine environmental certifications from mere marketing claims, and broader use of EU certification marks may become an effective solution.
Founder of Research & Patent group Intectica, author of patent algorithms for solving problems in the pharmaceutical industry, patent attorney certified in all intellectual property objects (Patents, Design, TM), with education in chemistry and law, chief expert of the patent institution of Ukraine UKRPATENT (1997-2004). Member of international organizations, including ECTA, PTMG, UAM, lecturer and blogger.
