Green or Greedy? India’s Eco-Warrior Brands Face a Trademark Tangle
Green or Greedy? India’s Eco-Warrior Brands Face a Trademark Tangle
It all starts with a buzz in the marketplace. A shampoo bottle in green packaging claims to be 100% organic. A new food app boasts that every delivery emits no carbon dioxide. A local firm slaps a leaf label on their soap and proclaims itself "eco-friendly." Customers rejoice, earnings skyrocket, and social media stars rush to promote. But when you go further, suspicions arise. Is that shampoo devoid of toxic chemicals? Is the word "carbon-neutral" meaningful or merely a clever pitch? This is the period of greenwashing, in which businesses create a false green image to appear sustainable. They frequently use trademarks to promote the illusion.
A Trend That Sells
Today, with people concerned about the environment and making purchasing decisions, being environmentally conscious is more than simply the right thing to do. It also helps businesses generate revenue. Companies in India have learned that including green logos, names, or patterns into their products might increase sales. It's no longer only about cultivating a positive image. Names like "BioPure" or simple images of leaves and nature are more than simply symbols; they entice purchasers and boost revenues.
So, what defines a "green" trademark?
In India, there are no clear guidelines in place yet. There are no particular regulations or criteria governing what constitutes a trademark green. Even yet, many buyers feel that green words, recyclable graphics, or plant-themed logos represent sustainability. That is the heart of the problem.
The Mirage of Sustainability
Indian consumer protection authorities define greenwashing as misleading people about a company's environmental actions or a product's eco-friendly benefits. This covers all kinds of misrepresentation, from unclear and overstated claims to outright lies, like labeling a product "natural" despite it having synthetic ingredients.
Trademarks often serve as the first interaction a buyer has with a brand. When that interaction deceives, it can undermine the whole purchasing process.
Take "eco," "herbal," "organic," or "green" as examples. In India, brands throw these words around without needing to meet any proper standards. A product called "EcoHome" might harm the environment just like any other, but its name creates a different impression. Since Indian trademark law doesn’t demand official registration to sell a product with a label, businesses can fill the market with false claims without being questioned the absence of clear rules for green trademarks in India opens the door wide for greenwashing.
How Other Nations Are Responding
A more careful approach is used elsewhere. In the European Union, a significant effort is underway to regulate environmental claims. Trademarks are evaluated not just based on their look or name, but also on the products and services they represent. Just one "green" phrase in the application might subject the trademark to a different level of examination.
France has gone a step further, implementing environmental laws that penalize misleading eco-claims — including buzzwords like "carbon neutral" and "zero emission" — with fines if they are not substantiated by facts. The goal is not to prevent environmentally friendly branding, but to hold it more accountable.
India, on the other hand, has failed to achieve this equilibrium.
The Legal Leaks
What does Indian law mention about this? Section 9 of the Trademarks Act, 1999, says authorities can reject any trademark that misleads the public. This rule also applies to fake eco-friendly terms, but when trademarks are registered. However, since many eco-brands don’t bother with registration, this protection doesn’t go very far.
More, trademarks that use eco-claims don't need any certification to back them up. A word like "bio" can appear on any label even when the product has synthetic chemicals. This opens a gap in the rules where companies just have to adjust a word a bit, like switching "Eco" to "Beco," or throw in some imagery like leaves or recycling symbols, to market themselves as environmentally friendly.
The solution is clear and straightforward: allow green terms as certification marks.
Certification marks act as special types of trademarks that prove a product stick to certain standards. Marks like "ISI" or "Agmark" show buyers a level of quality, a green certification mark could show if something matches environmental standards. India already uses two marks, GreenPro and Ecomark. However, these are optional, not widespread, and don’t align well with standard trademark use. A suggested legal update might say: “Words such as eco, bio, organic cannot get registered unless they qualify as certification marks and meet set sustainability criteria.” This simple step could cut down on greenwashing in trademarks.
Consumer Protection to the rescue
Consumer protection policies go beyond trademark laws by addressing false claims. The Consumer Protection Act 2019 considers it unfair trade to make false or misleading statements about the quality or makeup of goods. A green trademark that suggests eco-friendliness should fall under this rule. Organizations like the Advertising Standards Council of India (ASCI) ban deceptive environmental advertising. But their enforcement often lacks consistency and broad coverage. India could improve if trademark offices, consumer bodies, and ad councils worked together. A unified system like the “Green Branding Compliance Code” could ensure brands act responsible, not just appear that way.
Call for Policy and Awareness
Fixing laws matters, but they need awareness to work. People need to learn to question: What does "eco" mean? Is there proper certification behind it? Does this product help the planet, or does it just come in greener packaging? Businesses should be made accountable. Not just with rules or courts but also by people paying close attention. India’s Ministry of Environment brought in Ecomark Rules, 2024 to create clear standards for eco-friendly products. It’s a good move, but if these rules don’t tie into trademarks and marketing practices , greenwashing will still be a problem.
Looking Forward
India does not need to enact new laws for each eco-claim. It already has the resources in trademark law, consumer protection, and advertising rules. What is necessary is to connect the links, fill in the gaps, and build a strong system in which environmental statements are verified truths rather than simply nice phrases.
Going green should not be only a marketing ploy. It should be a commitment that has been tested, certified, and controlled.
Until then, when you see a product that purports to "save the earth," consider whether it is also saving the truth.