In the fashion industry, legal and commercial relationships are typically very complex due to the tremendous speed and industrial friction in which the natural habitat of this giant sector develops. The enormous logistics and value chains, as well as the mass adoption of new technologies, have led to the emergence of a “before” and “after” in at least the last five years.
A good example of this is fast fashion. But what is fast fashion? The technical-legal meaning defines it as a method of design, production, and marketing focused on the rapid and mass production of large volumes of footwear, clothing, and accessories (among other goods), characterized by the fact that it is a huge industrial mechanism that generates thousands and thousands of designs that must be registered at least twice a year (at a minimum). Incidentally, it also creates thousands of jobs, most of which are low-paid and with enormous wage instability.
In my opinion as a lawyer, one of the best regulations adopted in the fashion industry is Regulation (EU) 2017/1001 on the European Union trademark (EUTMR), which in Article 7, paragraph 1, letter g) regulates the absolute prohibition on the registration of trademarks that may mislead the public, for example, regarding the nature, quality, or geographical origin of a product or service.
This mechanism is a tool for combating companies that engage in “greenwashing” using their brand. However, this does not prevent the user from continuing to use the trademark on the market, despite the fact that their exclusive rights have been revoked.
ALEJANDRO KLCOK VARAS
INTERNATIONAL LAWYER
Mediator in civil and commercial matters
info@alejandroklock-lawyer.com
