During the last years, we have been witnessing an increase in consumer demand for “environmentally friendly” products and services. Climate change and its devastating effects such as the pandemic, natural disasters, deforestation, uncontrolled temperature changes and droughts, among others, are increasingly raising consumer awareness and demand for sustainable and environmentally compatible products to reduce its negative effect on nature.
From the point of view of Industrial Property, sustainable branding can be supported through the use of “green brands”. In this sense, companies have bet for sustainable marketing and are making efforts to project an eco-friendly image by adopting brand names that contain expressions such as sustainable, green, organic, etc. According to data provided by the EUIPO, between 1996 and 2022, green EUTMs represented an 11% of all EUTM applications, and EU-based companies contributed to more than 60% of these applications.
However, the deceptive and fraudulent use of these terms, known as “greenwashing” is prosecutable. Indeed, recently, EU legislation adopted the Consumer Empowerment for the Green Transition Directive to harmonize the laws of EU Member States in this area.
On the other hand, green patents, also known as eco-patents or environmentally friendly patents, focus on inventions that contribute to environmental conservation, resource efficiency and clean technologies. Green patents bridge the gap between technological advancement and environmental responsibility. By encouraging inventors and companies to develop green solutions, they foster a virtuous cycle of innovation.
With this news, from Abril Abogados we want to contribute with our grain of sand calling for sustainability and care for our planet.
Patricia Revuelta
Attorney at law
