Increasing environmental awareness among the consumers has caused preference of such products and services that are less harmful to the environment. Therefore, businesses have begun using labels, signs, symbols, logos, etc. claiming that the products and services they offer are more “environmentally friendly” and have started to influence consumers’ sale preferences. With the raising environmental concerns in public, not only businesses but also environmental organisations and governments have started to promote sustainable products with the idea that the consumers can significantly reduce negative effects of the consumption on the environment through their conscious sales decisions. However, determining whether businesses’ claims as being environmentally friendly are true should be solved. To protect consumers, an ecolabel system which verifies the claims about the environmental impact of products and services have emerged. By ecolabel, accuracy of environmental claims about the goods and services are proved based on certain standards and evidence, thereof, the consumers can choose such products and services with confidence. In the process of harmonization with EU legislation, Türkiye implemented the “Environmental Label Regulation” (ÇEY) and the Turkish Environmental Label System (TÇES) in 2018. This study first introduces the environmental label and then this system and the legislation. Regarding that this system is new in Türkiye, an evaluation is undertaken about its legal nature. The evaluation is based upon whether the environmental label is a trademark in the light of the Turkish Industrial Property Law (SMK), because that it is a ‘sign, logo’ attached to the goods/services. Thus, if environmental label is a collective or certification mark is examined.
Environmental Label Ecolabel Green Claims Certification Mark Collective Mark
There is an increasing environmental awareness among the consumers, which has caused preference of such products and services that are less harmful to the environment. Therefore, businesses have begun using labels, signs, symbols, logos, etc. claiming that the products and services they offer are more “environmentally friendly”. Via targeting the consumers with these “green claims”, they also influence consumers’ sale preferences. The businesses which create an image that they are caring of the environment and undertaking precautions to protect it affect the customers sustainable decisions on the purchases and these activities also create unfair competition between the companies.
It should be revealed that if the businesses’ claims as being environmentally friendly is true or not. To protect consumers, an ecolabel system which verify the claims regarding the environmental impact of products and services have emerged. By ecolabel, accuracy of environmental claims about the goods and services are proved based on certain standards and evidence, thereof, the consumers can choose such products and services with confidence. In the process of harmonization with EU legislation, Türkiye implemented the “Environmental Label Regulation” (ÇEY) and the Turkish Environmental Label System (TCES) in 2018. The environmental label has been issued to only 10 businesses currently. In our study, firstly, the environmental label and the legislation will be examined. As the labelling system is newly introduced in Türkiye, an evaluation will be made on its legal nature and tried to reveal if it is a trademark in accordance with the Turkish Industrial Property Law (SMK).
Article 4(b) of ÇEY defines the environmental label as follows: “(b) (i)t refers to the sign that represents a voluntary reward system created to promote products, in accordance with the provisions of this Regulation, with reduced environmental impacts throughout their life cycle and to provide accurate, non-misleading, scientific based information to consumers.” TÇES is managed by the Ministry of Environment, Urbanization and Climate Change, and the Environmental Impact Board is authorized to determine and develop the criteria for products and the Technical Review Commission determines the environmental label criteria for product or service groups and examines the compliance of the products with the criteria. The application for environmental label is made to Ministry of Environment, Urbanization and Climate Change.
Because that the environmental label appears as a logo, badge or a distinctive sign, it should be discussed if the environmental label constitutes an intellectual property right and especially whether it can be considered as a trademark. As described in Article 4 of the SMK; “a trademark enables the goods or services of one undertaking to be distinguished from the goods or services of other undertakings.” Also, the same article states that “all kinds of signs, including shapes, colours, letters, numbers, sounds and the shape of the goods or their packaging” can be registered as trademarks. Turkish environmental label is also a sign according to the regulation and there is a logo issued by the Ministry. On the ground of this, environmental label logo can be trademark. In terms of the types of the trademark if the environmental label is a collective or certification mark is also examined.
According to Article 31(3) of the SMK, “a collective trademark is a sign used by a group consisting of production or trade or service enterprises.” As stated in the law, a collective trademark serves to distinguish the goods or services of businesses in the group from the goods or services of other businesses. However, the purpose of the environmental label is to indicate the products and services whose environmental harms are minimized based on scientific data, and to encourage consumers to choose products with reduced negative effects on the environment, health and climate. Under a collective trademark, everyone in whose name the trademark is registered has the right to use the trademark and can use it; the fact that the environmental label is not used by the Ministry who only issues the label if the applicant fulfils the certain criteria. it can be concluded that the environmental label cannot be seen as a collective trademark.
According to the SMK Article 31(1) “a guarantee (certification) mark is a sign used by many businesses under the control of the trademark owner to guarantee the common features, production methods, geographical origins and quality of those businesses.” Both the certification mark and the environmental label guarantee the certain quality of the products and services. Both the certification mark and the environmental label determine a technical specification and the common features of the products and services in order to issue the mark/label. Under bot certification mark and the label, it is not possible to use trademark/label for the trademark owner or issuance organization. Although the environmental label and certification marks have common features, the environmental label is not a certified trademark under Turkish law regarding that it is not registered by TÜRKPATENT (Turkish Patent Authority).
