Flash News: Belgium moves to implement the Eu "Empowering Consumers" Directive (2024/825)
On 6 March 2026, the Belgian Council of Ministers approved a preliminary draft law transposing EU Directive 2024/825, aimed at empowering consumers to make informed choices in the green transition (https://lnkd.in/euSxpejB). This directive tightens the rules around environmental claims, amending the existing framework on unfair commercial practices and consumer rights.
Why trademarks owners should pay attention?
Even today, “green” trademarks can be refused if they are descriptive, non‑distinctive, or potentially deceptive. But with Belgium now preparing to implement Directive 2024/825, the stakes get higher.
The directive notably introduces new practices in all circumstances (the so-called blacklist). For instance, it bans generic environmental claims, such as “eco-friendly”, “green” and “ecological”, when the trader using that claim cannot demonstrate recognised excellent environmental performance relevant to the claim.
The new regime may create a real risk for “green” trademarks: If a mark cannot be used in compliance with the stricter environmental‑claim rules, the trademark owner may no longer be able to show genuine use. That means a registered trademark could become vulnerable to cancellation for non‑use, as its use would no longer be legally permissible under the new standards.
The takeaway
The green transition is not just reshaping marketing claims: it’s reshaping trademark strategy. Now is the time for trademark owners to review their “eco‑positioned” marks and ensure they can be used in full compliance with the evolving EU and Belgian rules.
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