Many companies want to make it clear that a product has a positive effect on the environment, or no effect at all. Or that it is less harmful to the environment. Such an environmental claim can be made in any way imaginable. Even a trademark, trade name or product name can be an environmental claim. In February, the European Parliament adopted the European Directive on Empowering Consumers for the Green Transition, in which this is explicitly stated.

What does this mean for a trademark with an inherent environmental claim, for example with "Green" or "Eco" in it. It is obvious that such a mark is an environmental claim for the products or services for which the mark is used. As a result, the trademark registration may be or become invalid. Take the fictitious mark GREEN LAWYER for ‘legal advice’. Is this lawyer advising on environmental matters, or perhaps working in a carbon neutral manner? It could all be quite possible. If an environmental claim is unclear, it quickly counts as misleading and therefore not OK.

A trademark with an inherent environmental claim may be or become invalid for that reason. A trademark application will be denied anyway if the mark is descriptive of the goods or services. So if GREEN LAWYER can be construed as "environmental lawyer," that mark will not be registered. But moving forward, maybe that is just a thought too far and registration follows. Then the mark may later stumble over its inherent ambiguity: for it is vague what exactly 'green lawyer' claims. In the past, 'green' was not easily associated with environment, but now it is. Even older trademarks with an inherent environmental claim can be declared invalid on that ground. After all, a registered trademark may not be misleading. And if the trademark is used misleadingly in practice, that too can be grounds for cancellation of the registration.

In short: don’t hide environmental claims in brand, product name or trade name. It is much better to grow goodwill in a name that stays. Are you having second thoughts now? Then give me a call or send an email, I'm happy to think along with you.