In 2021, the concept of sustainability dominates the marketplace. From coffee to clothing to search engine homepages, third parties are emphasizing the sustainable, eco-friendly nature of their products and services to consumers now more than ever. One way third parties communicate the sustainable nature of their offerings is through the use of green trademarks, also known as certification marks. Unlike a traditional trademark, a certification mark is not a source identifier for one party's goods or services. Rather, a certification mark represents a certification regarding some characteristic that is common to the goods or services of many persons. Thus, the appearance of a certification mark on a commercial product indicates the existence of a certain product standard or regulation, and a claim that the manufacturer has verified compliance with those standards or regulations. See Trademark Manual of Examining Procedure Section 1306.05(a).

Today, third parties commonly use green certification marks to signal to consumers that their products or services meet certain sustainability and environmental impact requirements. But, do green certification marks actually lead to greener consumption? This article will examine whether green certification marks have an impact on consumers' purchasing habits and effectively promote more sustainable, green consumption.

• A Brief History of Green Certification Marks

Beginning in the late 1980s, consumer demand for "green" products reached unprecedented heights. In response, third parties flooded the market with products making unsubstantiated claims such as "recyclable, biodegradable, ozone-safe or eco-friendly." See Abhijit Banerjee and Barry D. Solomon, "Eco-Labeling for Energy Efficiency and Sustainability: A Meta-Evaluation of US Programs," 31 ENERGY POL'Y 109, 109 (2003). The rapid increase in the number of green products available to consumers resulted in widespread consumer confusion and distrust. In fact, the market was so oversaturated with unverified and potentially misleading green trademarks that the Federal Trade Commission (FTC) intervened and issued guidelines on responsible green marketing in 1992. The FTC's "Green Guides" are designed to help marketers avoid making environmental claims that mislead consumers. See Federal Trade Commission, Green Guides (Accessed Mar. 12, 2021), https://www.ftc.gov/news-events/media-resources/truth-advertising/green-guides.