Introduction
With the era of climate consciousness and prudent consumption, sustainability is rapidly becoming a core pillar of brand image. Indian companies, be they FMCG giants or green start-ups are increasingly adding green claims to their brand initiatives. But greater green claims also mean that there is a need to secure these brand assets legally and remain compliant with the law. This is where the law of trademarks comes in. Green trademarks not only identify origin but also stand for values such as sustainability.
What is a “Green Mark”?
A Green Mark is a trademark that identifies a company’s dedication to green habits this could be in the form of:
- Brand names or slogans such as “EcoCare,” “NaturEarth,” and “Green Choice”
- Logos representing sustainability (such as leaves, recycling symbols)
- Marks for use alongside certified organic or recycled products
But cosmetic application of green language isn’t sufficient, the statement has to be substantiate by performance, or else it can be contended as misleading, and likely invoke legal action or revocation of the mark.
Real-Life Examples
Biotique: Registered and secured trademarks such as “Biotique Botanicals,” highlighting its natural products. It also uses sustainability in the brand name, with unique logos and taglines falling within the Act.
Forest Essentials: It is a Premium Ayurvedic brand, that implements words such as “pure,” “natural, “and” authentic” in branding all registered trademarks and bills green messaging along with trademarked visual designs.
Bare Necessities: A company that adopts a zero-waste life through trademarked product names such as “Bare Bar” soap and “Bare Bottles”, it supports moral branding that is lawfully supported.
Challenge to Trademarking Green Claims
Generic Descriptions: Generic words such as “eco,” “natural,” or “green” are bound to be considered descriptive and difficult to trademark unless combined with distinct words.
Deceptiveness: Misleading trademarks that deceive consumers regarding the quality or nature of goods are refused registration under Section 9(2)(a) of the Trade Marks Act or later.
Greenwashing Risk: Indian regulatory bodies such as the Advertising Standards Council of India (ASCI) and the Consumer Protection Act, 2019 have started holding in their hand vague or deceptive green statements.
A company making misleading claims about a product being “eco-friendly” with no evidence can result in trademark opposition or cancellation.
Best Practices for Trademarking Sustainable Brands in India
Support claims: Support “eco,” “organic,” or “natural” marks with tangible certificates (such as FSSAI, USDA Organic, etc.).
File early: India is a first-to-file nation file before launch.
Avoid generic words: “Eco-Friendly” might not be registrable alone; think of new combos (such as Ecobazaar, GreenSoul).
Make use of certification marks: When relevant, go for marks like the ISI, Ecomark, or BIS standards.
The Future Ahead: Green Trademarks in India
As India goes on green economy drives such as the LiFE movement (Lifestyle for Environment) and additional ESG disclosures green trademarks will become even more valuable IP assets.
Start-ups in renewable energy, organic food companies, zero-waste packaging companies, and sustainable fashion brands will all gain from creating legally protected green brand identities early on.
Conclusion
In India’s expanding green economy, a trademark isn’t merely a snippet of legislation it’s a mark of trust and care of the earth. While companies green themselves, they also need to go green legislatively and defend their brand with wise, moral, and sound application of trademark law.
A Green Mark is no longer a fad it’s the emblem of the future.
Link to similar articles: https://jpassociates.co.in/effect-of-nfts-on-trademark-law/
Link to Ipindia’s official website: https://ipindia.gov.in
