The Sustainability of EU Trade mark law : A research into the degree to which EU Trade mark law is tailored to achieve the EU Sustainable Development Goals

Abstract: The EU Sustainable Development Goals have long been a resemblance of the urgent call forclimate action and sustainable development. With increasing attention for climate change anda subsequent call for action from states, consumers’ preferences have now also changedtowards opting for sustainable goods and services. The fact that sustainability has becomeincreasingly important to consumers has not gone unnoticed by manufacturers and sellers ofgoods and services. Consequently, trade marks are increasingly used to label goods asenvironmentally sound and to create a sustainable image. With trade marks, certification marksand geographical indications being a valuable source of information, capable ofcommunicating this green reputation, there is also a significant risk of consumer deceptionthrough greenwashing. Nevertheless, trade mark law is used as a means of fosteringsustainable development. Consequently, trade mark law is concerned with sustainability. Thisbegs the question to what degree EU trade mark law is tailored to achieve the EU SustainableDevelopment Goals. To answer this question, a thorough assessment is made of the currentlegal framework of EU trade mark law. Multiple aspects of this system are discussed with afocus on descriptive and deceptive marks, as well as the right to repair, certification marks andgeographical indications. The assessment comprises of a look into the influence on sustainabledevelopment, together with the discerning of shortcomings in the way the respective aspectsof EU trade mark law can add to the achievability of the EU Sustainable Development Goals.After the individual assessments it is argued that there are multiple points of improvement.Further, solutions are introduced to remedy these points of improvement. In specific, aguideline including a non-exhaustive list of terms that should be avoided when registering atrade mark, CJEU recognition of sustainability as a characteristic through which the public canbe deceived and the introduction of sustainable production standards for EU certificationmarks and GIs, possibly through governmentally issued certification marks and GIs, are the keyimprovements of the EU trade mark regulatory system to improve the achievability of the SDGs.It is concluded that EU trade mark law is to a great extent tailored to achieve the EU SustainableDevelopment Goals, but that with the help of the suggested remedies, EU trade mark law canbecome a true catalyst of sustainable development.