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?
Consumers encounter logos in the form of quality seals in advertising and on product labels on a day-to-day basis. The function of such logos is to inform potential consumers about the beneficial properties of the products. These logos are so widespread that the consumer may not always be able to identify their intended meaning. Despite this, can these logos be safely used as long as they keep their promise and the products are in fact beneficial?
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