Green trade marks are all about projecting a clean, sustainable image. The term refers to trade marks that include at statements linked to protecting the environment or promoting sustainable development. It has become a way for businesses to show their commitment to greener practices right in their trade mark.

The Risk of Misleading Consumers

However, if the trade mark is used for goods or services that are not, in fact, “green”, they can also mislead consumers. This is where the EU’s two Directives – the Empowering Consumers Directive (EmpCo) and the Green Claims Directive (GCD) – come in.

Rules Introduced by the EmpCo Directive

The EmpCo introduces rules to prevent misleading environmental claims and greenwashing. Businesses can no longer use vague terms like “green” or “environmentally friendly” without concrete, verifiable evidence. Claims of climate consciousness must be supported by detailed plans, and future environmental performance claims require realistic implementation plans.

For example, the trade marks “Climate neutral” and “Climate Positive” have both been registered by the EUIPO, however, their owners will have to show how exactly they are behaving in a “neutral” or even “positive” way towards the climate.

The EmpCo also prohibits uncertified sustainability labels, requiring all labels to be independently verified – the EU also has an Ecolable, which could be used instead. This is meant to protect consumers from trade marks that look like official labels, but which, in fact, only create this impression.

Evidence Requirements Under the GCD Directive

The GCD, meanwhile, directs that claims must now be backed by specific evidence, certified by an accredited body, and updated regularly.

Trade mark applications can be rejected for being misleading, and using uncertified environmental claims is prohibited. For example, the Swiss Federal Institute of Intellectual Property has already adopted the practice of rejecting signs with a ‘BIO’ (organic) component for synthetic goods, but to approve them for agricultural products – a similar approach can be expected EU-wide.

Transparency and Consumer Access to Information

Businesses must also provide clear, detailed information – physically or online – to support their green claims. For example, companies will only be allowed to claim “carbon neutrality” in their trade marks when they are based on the actual lifecycle impact of the product in question, and not based on the offsetting of greenhouse gas emissions outside the product’s value chain, as there is a difference between the two. They will be required to provide detailed information on this impact for consumers to be able to access.

Legal Risks for Misleading Trade Marks

Taking into account the EmpCo and Green Claims Directives, businesses should really avaluate whether their trade mark being associated with sustainability/being “green”/the environment is an accurate representation of the product and the enterprise itself.

If unable to substanciate the green claims in their trade marks, owners risk the trade marks facing legal challenges, including revocation or cancellation. Applying for a new trade mark will surely be costly when considering redesign and filing expenses, as well as allocating time for the trade mark to be fully registered.

Preparing for the 2026 Deadlines

Both Directives are expected to come into force in 2026, so until then make sure to:

• Analyse your current trade marks for environmental claims;
• Ensure you can substantiate all environmental claims with clear, objective and verifiable data;
• Avoid using vague terms like “eco” or “green” without providing specific, verifiable details;
• Provide transparent information physically or online for trade marks containing environmental claims;
• Re-evaluate claims regularly and update substantiating information as needed;
• Provide accurate product information about environmental impact, durability and reparability;
• Consider using the EU Ecolabel or other certified labels when evaluating the possibility of registering a trade mark with an environmental claim.