Navigating the Green Horizon: The Risks of ‘Green’ Trademarks and Designs

This article, by Louise Støving Kjær, was originally published on the Zacco LinkedIn account on 03/12/2025

Public access to information means that the general public are able to more easily assess claims around environmental impact and sustainability. A ‘green’ label or image can be an incredibly powerful asset for an increasingly discerning and eco-conscious market. Organisations still need to remain aware of the growing number of consumer protection laws related to greenwashing, and the reputational risk of falling foul of them when it comes to their trademarks and product designs.

The risk of ‘Deceptive Trademarks and Visuals’ or ‘Design-Induced Misconceptions’

While organisations should obviously avoid deliberately misleading products claims, they are facing increasing scrutiny over descriptions and packaging. Using generic or vague terms like ‘conscious’, ‘planet-friendly’, ‘natural’, or ‘green’ in a brand name or tagline, or using a lot of green colouring and nature-based imagery on packaging, like leaves and planet earth for example, can lead to accusations of greenwashing, unless the claims and environmental benefits are backed up by facts.

Many regulators in the EU and UK are tightening rules and creating precedents, and vague or generic green statements are unlikely to overcome accusations of greenwashing without robust third-party verification. The entire design must align with actual environmental performance, and failure to do so can result in significant fines and legal costs, not to mention the potential risk to brand reputation and consumer trust, which can be almost impossible to reverse.

So how can I avoid the risks associated with greenwashing?

If your product is genuinely sustainable, or you can demonstrate actual limitations to its environmental impact, then you should be proud of that, and there is no need to shy away from claims around such benefits. Authenticity and transparency are paramount, however, and all of your claims should be backed up by evidence. Generic or ambiguous claims are more likely to fail under investigation, so stick to specifics that can be substantiated and verified and make sure that any evidence is relatively accessible.

Need help navigating the changing regulatory landscape?

Zacco’s IP experts specialise in aligning your trademarks, designs, and brand communication with evolving directives and best practice around environmental claims. Reach out to Louise Støving Kjær or Thomas Mølsgaard if you want to learn more about securing your brand reputation, ensuring compliance and avoiding accidental claims of greenwashing.