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ARTICLE · 11 JUNE 2025

Pov: Going Green? A Trade Mark Perspective

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Terms like "green," "sustainable," and "eco-friendly" are powerful marketing tools that companies use to captivate environmentally conscious consumers.

South AfricaIntellectual Property
Alissa Naran
Alissa Naran
Robyn Broodryk
Robyn Broodryk
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Terms like "green," "sustainable," and "eco-friendly" are powerful marketing tools that companies use to captivate environmentally conscious consumers. These trade marks can colloquially be referred to as "green" trade marks. While "green" trade marks offer exciting opportunities for savvy businesses, they also come with hidden risks.

LAUDATORY TERMS

Laudatory terms express praise. Phrases like "eco-friendly" or "sustainable future" are laudatory and usually consist of words or phrases that should be available to all traders. There is a high risk that if you applied to register these phrases, they would be refused because they are not distinctive enough to qualify as a trade mark and should be freely available to all traders to use.

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