ecological

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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Misleading Environmental Claims – climate neutral and environmentally neutral

Misleading Environmental Claims – climate neutral and environmentally neutral

Climate/environmental neutrality are advertising buzzwords used to express the environmental credentials of a company. They can be found in advertisements as well as on the products themselves. Whether and when such claims are exaggerated and may mislead consumers is currently being clarified by the courts. A status update is therefore in order.

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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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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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Healthy Food Brand – GREEN CUISINE

Healthy Food Brand – GREEN CUISINE

Food should ideally be natural, organic and healthy, and the word ‘green’ is often appropriate when referring to such qualities. But can a trademark for healthy food that contains the word ‘green’ be registered?

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Protection of environmental slogan? – Sustainability through Quality

Protection of environmental slogan? – Sustainability through Quality

A great environmental slogan as part of one’s brand can be a game changer. Ultimately, it helps the general public remember a company’s core message about its products or services. However, one can also encounter limitations when attempting to build such a brand monopoly.

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Semblance of a certification mark – EM QUALITY CERTIFIED

Semblance of a certification mark – EM QUALITY CERTIFIED

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.

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