Environmentally friendly, not misleading and deceptive
September 2008
With the ever increasing awareness of environmentally responsible practices, the business community is quickly turning its focus to marketing methods which promote green values. Businesses can positively influence their reputations by using branding with an 'environmentally friendly' message. As a result we see an increase in applications to register trade marks which incorporate words and logos which communicate this sentiment.
However, businesses and individuals should be aware that there are real risks associated with misleading branding that either falsely communicates or does not properly explain the environmental claim made. Such false or misleading claims may be in breach of the Trade Practices Act 1974 (Cth) and fines may apply.
As a result of a recent increase in consumer discontent and complaints, the ACCC is looking out for those individuals and businesses that are breaking the rules.
Words such as 'environmentally safe', 'green' and 'recyclable' and even images such as the earth are taken to be descriptive of the goods and/or services a business produces or provides. Care must be taken that these goods and/or services accurately reflect the environmentally friendly claims made through trade marks and branding. Proper legal advice should be sought at the point of re-branding to ensure that proposed trade marks effectively communicate an environmental message whilst avoiding the risks of exposure to fines.
Written by Fanoula Galanakis, Partner
