Key points

• ESG strategy has become a high priority for the corporate sector in Australia, with companies increasingly developing new products and services to meet their targets and position themselves as a desirable investment partner.
• If your business is enhancing value via an ESG program, you may need to clear and file corresponding trade marks for existing brands, slogan or logos that are being expanded in scope, or for a new brand that is being developed specifically as part of your ESG offering.
• Our IP Team in Australia can assist with the protection and enforcement of your ESG adjacent trade marks and branding, as well as providing advice on product regulation and consumer law. 

Consumers and investors are increasingly calling for transparency around how companies are addressing the numerous challenges facing society and the environment. As a result, ESG strategy has become a high priority for many entities.

What is ESG? 

ESG stands for Environmental, Social and Governance. The purpose of a company ESG program is to ensure that it meets certain non-financial criteria and acts responsibly, making it a desirable investment or partner.

Examples of ESG initiatives include:

• Environmental – green energy programs; waste management initiatives; water salvaging solutions; recycling programs; climate change policies
• Social – safe workplace practices; gender and diversity inclusion policies; data security measures
• Governance – anti-corruption policies; anti-bribery policies; proper disclosure of information

As a result of ESG criteria being put in place, companies are coming up with new products and services to meet their targets, thereby enhancing their profile and creating benefit in how the company is viewed by consumers and investors.

What legal services can we provide in the ESG space?

Our team is adept in reviewing and advising on your ESG needs. Our IP Team can also assist with the protection and enforcement of your ESG adjacent branding and trade marks.

A natural consequence of a strong ESG strategy is brand enhancement and brand recognition, which in turn can lead to financial opportunities and growth.

At the time of writing this article, there are 24 pending trade mark applications on the Australian Trade Marks Register for marks containing the exact term ‘ESG’. Sectors include:

• finance (e.g. E$G and ESGx Connect filed by I-Alpha Investments Pty Ltd, and ‘Ethos ESG’ filed by Ethos);
• consultancy (e.g. ESG Impact and ESG Responsible Investments filed by ESG Impact Pty Limited Australia and SmartESG filed by E-utility Pty Ltd);
• software (e.g. ESG Token filed by CSCS Holdings Ltd);
• legal regulatory services (e.g. SmartESG filed by E-utility Pty Ltd).

Trade mark applicants are also specifically listing ‘ESG’ in their description of services, for example: “business consultancy services relating to ethics, integrity, compliance, governance and environment, social and governance (ESG) standards” in class 35 and “software for use in managing environmental, social and governance (ESG) investing” in class 42. Other related examples include trade marks that claim services relating to “green tech”, and goods that are described as “sustainable”.

Is your business creating an ESG offering and launching a new sub-brand for this? Is your business expanding its existing products and services to meet ESG criteria?

If your business is enhancing value via an ESG program, you might need to clear and file corresponding trade marks for existing brands, slogan or logos that are being expanded in scope, or a new brand that is being developed specifically as part of your ESG offering.

Our IP Team is able to clear trade marks for your ESG offerings to ensure that you are not infringing on any other party’s rights, and that you are developing a mark that is distinctive and able to be registered and enforced. We can also seek to register your trade marks on a national or international basis.

For a confidential discussion, please contact us.