Consumer protection concerns about the increasing practice of making misleading or false claims that a product or service is eco-friendly is now subjecting brand owners to heightened scrutiny when seeking to register trademarks that contain the term “green.” This so-called “greenwashing” has grown rapidly in light of marketers’ desire to capitalize on increased consumer demand for environmentally friendly products. In response to the propagation of such misleading claims, the Federal Trade Commission and the Trademark Trial and Appeal Board have taken stronger stances against greenwashing, and recent U.S. Supreme Court jurisprudence has given non-competitors standing to bring a Lanham Act claim. The climate is changing around “green” trademarks, and it is important for brand owners to understand the potential implications of trademarks that have environmentally friendly connotations.
Potential Hurdles at PTO
In light of the dramatic increase in “green” marks filed, and as environmental claims have been subject to closer examination, “green” trademarks face several potential hurdles in the trademark prosecution process. In 1992, when the FTC first released its advisory Green Guides, roughly 200 “green” trademark applications were filed with the U.S. Patent and Trademark Office. Now, as of September 2014, the USPTO’s trademark database contains over 10,000 active applications and registrations for “green” trademarks.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
