EU Trade Mark Law

Ban on self-certified sustainability labels – GREENWASHING II

Ban on self-certified sustainability labels – GREENWASHING II

From 27 September 2026, the EmpCo Directive will impose an absolute ban on ‘self-certified’ sustainability labels and logos in the European Union. This is because this kind of labelling risks a lack of transparency and reliability, as well as making it more difficult for consumers to compare products and services based on sustainability – to which they are increasingly attaching importance when making purchasing decisions. In almost half of the active eco-labels in the EU analysed by the European Commission, no, or insufficient, verification of the products or services had been carried out. Self-certified sustainability labels are also a threat to fair competition. So what is the scope of the ban on them and what will the consequences be?

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Ban on generic environmental claims – greenwashing

Ban on generic environmental claims – greenwashing

On 6 March 2024, Directive (EU) 2024/825 was published, aimed at preventing so-called ‘greenwashing’ commercial practices, as well as the use of misleading labelling in relation to sustainability – for example, in brand names and/or company names, Known as the EmpCo Directive, once transposed into national law, it will apply to companies from 27 September 2026. It is vital that company owners and managers familiarise themselves now with these important rules, as dealt with in this blog. Among other things, the EmpCo Directive protects consumers against what are considered unfair commercial practices. This article will focus on one of these, namely the prospective ban on making any generic environmental claim about a product, brand or business, for which the trader is not able to demonstrate recognised excellent environmental performance that is also relevant to the claim.

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Revocation for non-use? – FOHLENELF

Revocation for non-use? – FOHLENELF

A trade mark lapses if it has not been put to genuine use during a particular period of time. What conditions must be fulfilled to avoid such a lapse? The trade mark ‘Fohlenelf’ [foals team], belonging to the well-known German football club Borussia Mönchengladbach, was attacked for non-use. What was the outcome of the case?

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Brand use in the product development phase? – Boswelan

Brand use in the product development phase? – Boswelan

A common way for a company to get rid of troublesome trade mark registrations by a potential competitor is to file for cancellation on the basis of non-use. This situation can prove particularly dangerous for companies that are in the process of developing the product for which the mark is intended. In such cases, how can genuine use of the mark be demonstrated in the product development phase? Alternatively, when is non-use justified so that the trade mark cannot be cancelled? This issue is relevant not only to new trade mark applications, but also to the acquisition of existing trade marks for a future product.

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Badly thought-out list of goods? – Gufic

Badly thought-out list of goods? – Gufic

Are there any issues to consider when drawing up a list of goods that a trade mark is intended to cover? Surely cosmetics are cosmetics! Food supplements are food supplements! And medicines are just medicines! If a trade mark is genuinely used for these products, could it still be subject to revocation on the grounds of non-use in relation to a different classification of goods?… For example, if the use of a mark for food supplements is in fact a use for pharmaceuticals? Ensure you consider carefully the list of goods covered by your trade mark!

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The cost of a trade mark infringement via advertising? – LAYHER

The cost of a trade mark infringement via advertising? – LAYHER

There may be a number reasons for mentioning a third party’s trade mark in your own advertising. But be careful that such advertising cannot be mistaken for that of the trade mark owner. It is also important not to mislead people about the nature of your business relationship with the trade mark owner. It is helpful to know how damages are quantified in such cases.

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Brand using environmental slogan – We are climate-neutralising Berlin

Brand using environmental slogan – We are climate-neutralising Berlin

Uniqueness and memorability are the benchmark for environmental slogans. It is not easy to achieve this, but when the environmental slogan works, it communicates in a way that is hard to beat. And if it can do so exclusively, it becomes part of that brand. Stadtwerke Berlin [Municipal Utilities Berlin] believed it was home and dry with its slogan. And rightly so?

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Free for all or just for Munich – OKTOBERFEST

Free for all or just for Munich – OKTOBERFEST

There are 2,054 folk festivals in the world called OKTOBERFEST. The oldest, largest and most famous is, of course, the Oktoberfest in Munich. So it is understandable that the city wanted to trade-mark the name of its own festival within the European Union. However, many other organisers have seen this as a threat to the identical names of their own festivals, leading them to fight the registration of the trade mark for Munich. Have they been successful?

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Protective lifestyle brand? – BACK-2-NATURE

Protective lifestyle brand? – BACK-2-NATURE

Developing a protectable lifestyle brand is not easy. On the one hand, it should convey a clear message that benefits the company. On the other hand, it should be able to be protected as a trade mark. In practice, it is a balancing act! The case below provides some guidance.

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Increasing sales through cultural brands? – NEUSCHWANSTEIN

Increasing sales through cultural brands? – NEUSCHWANSTEIN

A cultural institution may try to position its unique structure as a cultural brand within the framework of cultural marketing. Strong cultural brands attract a lot of attention and engender particularly positive images. Customers, business partners and sponsors can form a quick connection with such brands and images. Is it possible to harness the power of cultural brands for the benefit of a variety of businesses?

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