Protection as a trademark, brand name, or product name does not preclude the application of the ECGT Directive. If a brand name or product name conveys, explicitly or implicitly, an environmental message, it may be considered an environmental claim and must comply with the relevant rules.
The definition of an environmental claim includes any message or representation used in commercial communications—including trademarks, brand names, company names, and product names—when they suggest that a product or company has a positive impact on the environment, is less harmful than others, or has improved its environmental performance over time.
The existence of intellectual property rights does not, therefore, prevent the authorities from evaluating these elements in light of the laws governing unfair commercial practices.
The assessment must be conducted on a case-by-case basis, taking into account the overall context of the communication and its potential effect on the average consumer.
A name that evokes environmental concepts—such as “green,” “eco,” or “organic”—may be considered an environmental claim. If the environmental message is not clearly specified, the claim could be classified as a generic environmental claim and may be prohibited in the absence of evidence of recognized environmental excellence.
In addition, certain marks may qualify as sustainability labels. In such cases, they may be used only if established by a public authority or based on a certification system that complies with the requirements set forth in the directive.
For example, a corporate logo that contains a green leaf could , depending on the overall context, the other graphic or textual elements present, and the perception that the average consumer could reasonably derive from it:
- be considered an implied environmental claim;
- be classified as a generic environmental claim;
- be considered a sustainability label that is not based on a certification system;
- It should not be considered an environmental claim if the authority determines that, in that specific case, no environmental message is conveyed (for example, in the logo of a henna-based hair dye or an English tea).
Finally, please note that the registration of new trademarks and product names may be refused and that, in some cases, already registered trademarks may be challenged or declared invalid.
Last modified on 02/10/2026