Brands and Sustainability
The IP Balancing Act
Giacomo Moleri and Daniel Reis Nobre, Chair and Co-Chair of INTA’s Brands and Sustainability Committee, describe how environmental and social responsibility now sit at the centre of trademark strategy, regulation, and consumer trust.
Sustainability has moved from the margins to the mainstream of brand strategy.
Today, environmental and social responsibility are no longer optional values or mere marketing differentiators; they are central to how brands are conceived, communicated, and evaluated by consumers, regulators, and investors alike.
This shift has direct and profound implications for intellectual property (IP), positioning trademarks and other IP rights at the heart of the sustainability conversation.
Within INTA, the Brands and Sustainability Committee focuses on exploring this evolving intersection.
As expectations rise, so too does the need for clarity, credibility, and legal certainty where sustainability and branding converge. Bringing together brand owners, IP practitioners, academics, policymakers, and other stakeholders from around the world, the Committee examines how sustainability increasingly shapes brand development, legal protection, enforcement strategies, and market positioning.
"Faced with heightened scrutiny and regulatory risk, some companies may choose to under-communicate—or not communicate at all—their sustainability efforts."
- Giacomo Moleri | Spheriens (Italy)
Regulation, Responsibility, and Brand Communication
One of the most pressing challenges for brand owners today lies in navigating an increasingly complex regulatory environment governing sustainability claims.
Across jurisdictions, authorities are stepping up efforts to combat greenwashing and to ensure that environmental and social statements made by brands are accurate, substantiated, and transparent. These developments directly impact trademark filing strategies, brand naming and packaging decisions, and advertising practices.
At the same time, as highlighted by INTA’s 2024 Presidential Task Force report on the effects of greenwashing and greenhushing on brand value, an overly cautious or poorly managed approach to sustainability communication may lead to a different but equally problematic outcome: greenhushing.
Faced with heightened scrutiny and regulatory risk, some companies may choose to under-communicate—or not communicate at all—their sustainability efforts. This creates a delicate balance for brands, which must navigate between the legal and reputational risks of overstatement and the missed opportunities and transparency concerns associated with silence.
Trademarks that incorporate sustainability-related elements—such as eco-friendly terminology, symbols, certifications, and even colors—must now be assessed through multiple lenses: distinctiveness, registrability, enforceability, and regulatory compliance.
The Brands and Sustainability Committee closely monitors these trends, fostering dialogue on how IP rights can support responsible branding while helping organizations mitigate legal, financial, and reputational risks.
"The Brands and Sustainability Committee examines how IP tools can help brands communicate sustainability in ways that are both meaningful and legally sound."
- Daniel Reis Nobre | Inventa (Angola)
Innovation, Circular Business Models, and IP Challenges
Sustainability is also a powerful catalyst for innovation.
Circular economy models—based on reuse, repair, refurbishment, resale, and upcycling—are transforming industries ranging from fashion and consumer goods to electronics and luxury. While these models offer clear environmental benefits, they also challenge traditional assumptions about brand control, product lifecycle, and ownership.
From an IP perspective, circularity raises complex questions relating to the exhaustion of rights, the modification of branded products, labeling responsibilities, and the relationship between original brand owners and third-party sustainability initiatives.
The Committee’s work explores how IP can adapt to these new realities while preserving brand integrity and consumer trust. Through practical insights and comparative discussions, the Committee seeks to identify solutions that balance innovation with legal certainty.
Consumer Trust and the Role of IP
At the core of sustainability lies consumer trust. Brands increasingly act as carriers of values, using IP assets not only to signal origin and quality, but also to communicate commitments to environmental and social responsibility.
Trademarks, certification marks, and collective marks can play a key role in verifying and reinforcing these commitments—provided they are used in compliance with legal requirements and in a credible manner.
The Brands and Sustainability Committee examines how IP tools can help brands communicate sustainability in ways that are both meaningful and legally sound. This includes discussions on appropriate terminology, the use of symbols and labels, and enforcement strategies against misleading or unauthorized sustainability claims.
In doing so, the Committee emphasizes that credibility is built not through aspirational language alone, but through consistency between words, actions, and legal protection.
Working Toward a More Sustainable INTA
The Committee actively contributes to INTA’s practical sustainability initiatives. Through its work, members support the development of educational sessions that integrate sustainability into broader IP discussions, ensuring that these topics are addressed not as standalone issues but as core elements of brand and IP strategy.
In parallel, the Committee has played an important role in advancing INTA’s sustainability efforts, reinforcing the Association’s commitment to reducing the environmental impact of its flagship events.
For the 2026 Annual Meeting, INTA has joined forces with ClimatePartner—a long-standing collaborator of the Association—to plant 10,000 trees, while encouraging members to take part in this initiative and amplify the positive impact of our community.
From Seizure to Sustainability: Rethinking Counterfeit Destruction Practices
Tuesday, May 5, 2:30 pm – 3:30 pm
Presented by the 2026-2027 Anticounterfeiting Committee and Brands and Sustainability Committee This panel will discuss the “dirty business” of counterfeit destruction. In many jurisdictions, seized counterfeit products are destroyed without regard to the impact on the environment or workers’ health. Many brands are aware of these realities and would welcome alternative processes to ensure utilization of raw materials and destruction processes in line with environmental and health and safety standards. However, local laws and practices are complicated and less than transparent, and brand owners often have no authority to decide what happens to the seized goods.
This session will provide an insight into the situation in specific jurisdictions of interest, best practices, alternatives as adopted by some brands, and an outlook for future advocacy to change some of the detrimental practices.
