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ARTICLE · 03 NOVEMBER 2008

Canada´s New Guidelines For Claiming Consumer Products Are Eco-Friendly

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The environment is on the minds of consumers these days. And in response, a multitude of products and services claiming to be green or eco-friendly are stacking supermarket aisles.

CanadaIntellectual Property

The environment is on the minds of consumers these days. And in response, a multitude of products and services claiming to be "green" or "eco-friendly" are stacking supermarket aisles. The Trade-marks Register confirms the proliferation of trademarks with an environmental angle: the term "green" appears in 2,688 active marks incorporating the term; "eco" appears in 1,145 active marks; and "enviro" appears in 532 active marks.

As a result of new guidelines on the use of "green" terminology, obtaining a trademark registration for a brand that includes an environmental claim does not mean that the registrant can necessarily make that claim, regardless of how environmentally friendly the product actually is. These guidelines,1 developed by the Canadian Standards Association in partnership with the Competition Bureau, were seen as necessary to protect consumers from being misled by the wide use of environmental claims as a marketing tool. The guidelines are not law, but

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