As 2024 nears its conclusion, green trademarks are encountering exceptional examination by the EUIPO, which is adopting a more stringent stance towards these environmentally-related trademarks. Recent decisions have seen the rejection of three applications—‘ESGDATABOARD,’ ‘ECOFLOW,’ and ‘We enable a neutral carbon world’—based on their lack of distinctive character under Article 7(1)(b) EUTMR. Particularly, the refusal of ‘ESGDATABOARD’ and ‘ECOFLOW’ raises questions about the consistency of EUIPO’s assessments, especially given past tolerances regarding “ESG.” This shift may be motivated by heightened scrutiny over greenwashing, prompting considerations for trademark law adjustments to better differentiate between genuine sustainability commitments and superficial claims.
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