MAY 2009
Get the green light on green brands
Managing Intellectual Property
In an eco-conscious age, so-called green trade marks are proliferating at the USPTO. Meredith Wilkes addresses questions surrounding green brands
| One-minute read |
| As consumers become more environmentally aware, their choices are being ever more influenced by the degree of eco-friendliness associated with a particular product. As a result, brand owners are scrambling to flaunt the ecologically sound aspects of their goods, which often includes attaching the word "green" to their marks. However, as the connotation of this word has changed over the years, it has become harder to survive the descriptiveness analysis when attempting to do so. Furthermore, new FTC marketing guidelines for environmental claims, to be released later this year, promise to add another hurdle in making green claims. While obtaining a green mark may require some creativity, several best practices will help brand owners to reap the rewards of their eco-conscious efforts. |
Everywhere we turn it seems that purveyors of goods and services are hailing the so-called green aspects of their wares. The INTA Annual Meeting in Seattle this month is no exception – it has been advertised as the greenest meeting to date. But why is it so important to tout the environmentally friendly, or green, aspects of what we do or sell? Research abounds that savvy consumers are as interested in the environmentally friendly practices of the seller every bit as much as they are in the goods it has to offer. Indeed, some research suggests that as many as 80% of consumers' purchasing decisions are influenced by environmental claims. The result is that marks claiming the terms "eco" and "green" abound.
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