GOING GREEN? A TRADEMARK PERSPECTIVE

The Power and Pitfalls of “Green” Trademarks

Terms like “green,” “sustainable,” and “eco-friendly” serve as powerful marketing tools to attract environmentally conscious consumers. Businesses often refer to these as “green” trademarks. While such trademarks offer exciting opportunities for savvy companies, they also carry hidden risks.

Laudatory Terms: Why “Eco-Friendly” May Not Be Enough

According to Alissa Naran and Robyn Broodryk , Laudatory terms express praise. Phrases like “eco-friendly” or “sustainable future”usually use common language that should remain available to all traders. Attempting to register these phrases often results in rejection because they lack the distinctiveness required for trademark protection.

Global Trademark Offices Are Cautious

The United States Patent and Trademark Office (USPTO), for instance, has rejected several “green” trademark applications. Examples include GREEN CEMENT for environmentally friendly cement and ZERO WASTE TEE for recycled clothing. The European Union adopts a similar stance, treating terms like “eco” and “green” as descriptive when used to promote environmentally friendly goods or services.

South Africa’s Approach to Descriptive Green Marks

In South Africa, authorities refused the trademark SUSTAINABLE ECO-TOURS for tourism services, citing its inability to distinguish one trader’s services from another. Many proprietors now register their “green” trademarks as distinctive logos, while disclaiming exclusive rights to the descriptive elements. This strategy allows traders to capitalize on green branding without monopolizing language that should stay open for public use.

Suggestive Marks: A Creative Alternative

Alissa Naran and Robyn Broodryk also add that  Instead of descriptive terms, traders can adopt suggestive trademarks that imply without stating the environmental benefit of their products. For example, outdoor lifestyle brand Patagonia successfully registered BETTER THAN NEW® for clothing. Everlane secured registrations for RECASHMERE® and REWOOL®, which suggest the use of recycled textiles without describing them directly.

Certification Marks: Third-Party Endorsements Matter

Companies can also highlight their environmental credentials by using certification marks alongside their own trademarks. Independent bodies own these marks and enforce specific environmental standards. Businesses that meet these criteria may use the certification mark.

Certification marks help demonstrate a brand’s sustainability commitment without requiring a new trademark registration. Consumers increasingly rely on these marks as trusted indicators of eco-conscious practices.

The Risk of Greenwashing

Greenwashing occurs when companies exaggerate or fabricate claims about their environmental impact. Businesses that adopt trademarks making unverified claims risk violating the Code of Advertising Practice. This code mandates substantiation of any objectively verifiable claims with credible, independent, and expert-backed documentation.

Unverified trademarks may also breach product-specific regulations, triggering penalties or consumer backlash.

Legal and Reputational Consequences

Authorities may refuse to register a misleading trademark. In some cases, third parties may oppose or cancel a trademark on legal grounds or due to its potential to mislead consumers.

Before adopting a catchy “green” trademark, one needs to ensure that they can back up any environmental claims it implies. Keep in mind that trademark registration does not shield one from accountability when making unsupported claims.

Three Key Takeaways for a Sustainable Strategy

As demand for sustainable goods and services rises, businesses must navigate the complexities of green trademarks carefully. Poor strategy could lead to rejected applications, legal disputes, and damage to brand reputation. Keep these points in mind:

1. Avoid Laudatory or Descriptive Terms: Don’t rely on terms that simply praise or describe. Instead, register suggestive terms or incorporate them into a unique logo.
2. Substantiate All Environmental Claims: Any claim that appears in your trademark and can be objectively verified must be backed by solid evidence.
3. Consider Certification Marks: Pair your trademark with reputable certification marks to demonstrate authentic sustainability credentials.

With thoughtful strategies and genuine claims, businesses can successfully leverage “green” trademarks to build trust and drive growth without falling into legal or ethical traps.