Keeping consumers from being misled: IP and greenwashing

These days, Filipino shoppers are paying closer attention to the labels on the products they buy. Whether it’s food, clothes, or even cleaning products, you’ll see plenty of brands claiming to be “eco-friendly,” “sustainable,” or “green.” Some of these claims are true and backed by real efforts. But others? Not so much. That’s where greenwashing comes in—when companies make their products sound better for the planet than they really are.

At first, greenwashing might look like a harmless marketing trick. But in reality, it’s a big deal. It can erode consumer trust, hurt a brand’s reputation, and even land businesses in hot water legally. In the Philippines, misleading “eco” claims can be challenged under the Consumer Act and through cases filed with the Bureau of Legal Affairs (BLA) of the IPOPHL, especially if the trademark, logo, or slogan confuses the public.

The Role of Trademarks in “Green” Claims

A trademark isn’t just a name or a logo—it’s a message to consumers. If your brand uses words like “eco” or “green,” buyers take it as a promise. At the IPOPHL, trademark examiners actually watch out for marks that could mislead buyers. If a brand name makes people believe a product is environmentally friendly when it’s not, that mark can be rejected—or later opposed by others.

Picture this: a bottled water brand applies for the trademark “EcoPure.” If it can’t prove its packaging or sourcing is sustainable, IPOPHL has the power to refuse registration. Even competitors could file an opposition to block it.

This idea isn’t new. Way back in Mead Johnson & Co. v. N.V.J. Van Dorp Ltd. (1965), the Supreme Court ruled that protecting consumers from deception matters—even if the business didn’t mean to mislead. That principle still rings true today, especially when it comes to “eco” branding.

Lessons from Real Life

• Reputation can take a hit. A local drink brand once marketed its bottles as “biodegradable.” When studies showed otherwise, customers felt duped, and the company had no choice but to change its packaging and rebrand.
• Competitors can call you out. Under IPOPHL’s opposition process, rivals can stop you from registering a misleading mark. Imagine launching a detergent under the name “EcoClean.” If you can’t prove your product is actually safe for the environment, a competitor could file an opposition and block your trademark.

Tips for Businesses

If you’re thinking of promoting your products as eco-friendly, here are some things to remember:

1. Have proof. If you say something is biodegradable, recyclable, or carbon-neutral, be ready with certifications, lab results, or studies.
2. Choose trademarks wisely. A name like GreenPure may sound catchy, but if it’s misleading, IPOPHL won’t let it pass.
3. Watch your packaging and logos. Even the color green, leaf graphics, or recycling arrows can give the impression your product is eco-friendly. If it’s not, that’s still greenwashing.
4. Play by the rules. Stay in line with the Consumer Act, IPOPHL policies, and international standards. And if you use eco-labels or seals, make sure you’re actually authorized to do so.

Where Things Are Headed

Globally, regulators are cracking down on greenwashing, and the Philippines is likely to follow. There’s no specific law against it yet, but the trend is clear: brands will have to prove their eco-friendly claims.

That might cut down on the number of products marketed as “green,” but it also means consumers can start trusting labels again. For businesses, this is actually an opportunity—if you’re honest and transparent, you’ll stand out in a crowded market.

✅ The bottom line: In the Philippines, calling your product “eco-friendly” isn’t just marketing—it’s a commitment. If you can prove it, you’ll earn consumer trust and protect your brand. But if you can’t, you risk complaints, opposition cases, or even being forced to rebrand.

‍