This spring, a new directive was enacted to better protect consumers against misleading environmental claims (implementation March 2026). The directive applies to all forms of communication, including trademarks. In summary, generic environmental claims (such as ‘organic’ or ‘eco’) are prohibited unless they can be substantiated, and sustainability claims are only allowed if they are approved/certified by an independent third party.
This has already had far-reaching consequences for daily practice. If an environmental claim can be fully substantiated, a word mark will be refused because it is descriptive. If the claim cannot be substantiated, the trademark will be refused as misleading.
As a result, trademarks like ‘GREEN TRAVEL’ and ‘100 percent green energy’ have recently been refused. Existing trademarks with an environmental claim that do not meet the directive’s standards can therefore be cancelled (because the claim is insufficiently clear). Anticipate on this and consider rebranding to retain the accumulated goodwill.
