EmpCo Directive: Important Clarifications from the European Commission on “Green” Trademarks

The European Commission has issued welcome clarifications for trademark owners in its updated Frequently Asked Questions (FAQs) on the EmpCo Directive. The 

guidance addresses trademarks that contain elements such as “green” or “blue” and provides greater legal certainty for businesses using such branding.

The previous version of the FAQs, published on 27 November 2025, suggested that trademark owners might no longer be able to use these terms because they could be 

regarded as general environmental claims. As a result, many companies considered rebranding initiatives in order to reduce the risk of regulatory or enforcement action against their brands.

Updated FAQs Provide Greater Legal Certainty

Following concerns raised by businesses, including representatives of German industry, the European Commission has now published a revised version of the FAQs (dated 18 May 2026).

The updated guidance makes clear that branding featuring the colours green or blue, or similar elements, is not automatically prohibited. This applies where it is unlikely that 

the average consumer would understand the relevant term or element, in its specific commercial context, as an environmental claim.

No General Ban on “Green” Trademarks

The revised FAQs therefore reject the interpretation that trademarks containing terms such as “green” are subject to a general or automatic prohibition.

Although the FAQs are not legally binding and do not have the force of law, they provide important insight into the European Commission’s interpretation of the EmpCo Directive. 

As such, they are likely to be given significant consideration by national authorities and courts across the EU.

Case-by-Case Assessment Remains Necessary

At the same time, the Commission emphasises that each case must still be assessed individually.

A restriction may still be justified where consumers are likely to perceive a trademark as making a general environmental claim. Businesses and their advisers should therefore 

continue to assess carefully how a particular trademark is likely to be understood by the relevant public.

Conclusion

The updated FAQs provide welcome clarification and greater legal certainty for trademark owners. The use of terms such as “green”, “blue”, or similar elements in trademarks and 

branding remains permissible and does not automatically violate the requirements of the EmpCo Directive.

However, companies should continue to evaluate their branding on a case-by-case basis, as consumer perception remains the key factor in determining compliance.