Event Highlights

“Emerging Challenges in the Registration of Green Trademarks versus the Dangers of Greenwashing,” was led by co-moderators Lam Chung Nian from Singapore and Vanessa Bouchara from France. The session tackled the challenges of registering green trademarks, particularly issues related to their lack of distinctiveness or descriptiveness, which affects registrability.

Green trademarks typically include words related to the environment such as “sustainable,” “eco,” “environment,” or “green,” or imagery such as flora, the planet, or scenery. These marks are utilized by companies to signify the environmental aspects and practices of specific products, entire product groups, or their overall business operations.

A key issue discussed was the tendency for applications that feature direct environmental claims to face refusal for being overly descriptive, potentially failing to function as trademarks, and posing a risk of being deceptive, which can lead to greenwashing. To counteract misleading claims about the environmental benefits of a product or practice, participants shared practices from their respective countries. These included establishing a common standard for registration, using logos that convey environmental messages to eliminate the need for disclaimers, developing specific rules and standards for substantiating claims, and implementing green mark certifications. These measures are designed to ensure that green trademarks accurately reflect true business practices, thereby protecting both consumers and the environment.