Consumers should be able to tell immediately whether the food they are eating is genetically modified. The German Federal Ministry of Food and Agriculture has therefore developed a dedicated GMO-free label, intended to identify the products bearing it as GMO-free. In the meantime, every fifth litre of milk from Bavaria is labelled as being ‘without genetic engineering’. But is the seal, as a trademark, protectable or not? Could it potentially deceive the consumer?
Certification marks, a concept introduced in the European Union on 1 October 2017, are intended in and of themselves, as a way to indicate the quality guarantee of a product. Attempting to do this – communicate the quality guarantee for a product – by using an individual trade mark instead, is a risky undertaking.
You want to draw attention to the sustainability or exceptional quality of your products or services by means of a quality mark that may only be used with your consent? Be careful if you hope to achieve this via a trade mark.
The ÖKO-TEST seal [ECO-TEST] is protected as an individual trade mark. One manufacturer used the seal without such a licence. The protection of individual trade marks has its limitations when it comes to test seals.
How can you protect yourself from greenwashing and give your customers real proof of the sustainability of your products or services? There’s now a new way to do this.