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Eco-Friendly or Greenwashed? Trademarks in the Greenwashing Era

  • Writer: Vrinda Harmilapi
    Vrinda Harmilapi
  • Sep 11
  • 6 min read

‘Sustainability’ is the essential need of the hour in a fast paced world with ever-emerging trends. With increasing awareness of environmental issues, consumers are now prioritizing products and services that reflect their values of sustainability. This shift has led to a surge in demand for eco-friendly products, fueling the rise of ‘Green branding’. Green branding is the strategic alignment of a brand’s identity and operations with sustainability, environmental responsibility, and social consciousness.[1] It goes beyond visual aesthetics, such as the use of softer green hues. Terms like ‘eco-friendly’, ‘sustainable’, and ‘biodegradable’ are commonly used in marketing to establish a brand image rooted in environmentally conscious practices. This approach also aims to evoke a sense of tranquility and emphasize themes of health and wellness.[2]

 

However, this growing trend has also given rise to the troubling practice of ‘Greenwashing’. Greenwashing occurs when companies make exaggerated or unfounded claims about their environmental initiatives, misleading consumers into believing they are more eco-conscious than they truly are.[3] This erodes consumer trust and misguides their purchasing decisions. In such a scenario, trademarks play a critical role: they serve as visual and verbal markers of environmental credibility. As sustainability becomes a differentiating factor, the integrity and regulation of green trademarks are more important than ever. As such, it becomes crucial to explore the role of trademarks in shaping consumer behavior within this increasingly complex environment.

 

This article examines how trademarks can influence consumer behavior in India’s greenwashing era. It explores the rise of green trademarks and their impact on consumer decision-making while addressing the issue of greenwashing—how it deceives consumers and diminishes trust.

 

 

Green Branding:

Over the last decade, green trademarks have emerged as a notable trend, reflecting how brands are evolving in response to growing environmental awareness. These trademarks often incorporate natural imagery, such as leaves, trees, or green color schemes, to visually signal a commitment to sustainability. The rise in green trademarks is not just a marketing trend; it reflects the shift in consumer expectations towards sustainability as well.

 

In India, the rising popularity of such trademarks is evident across industries—from consumer goods to fashion, cosmetics, and packaging. As companies increasingly seek to associate their identity with ecological responsibility, green trademarks are being strategically used to appeal to conscious consumers and differentiate products in a crowded market.[4]

 

However, as this trend gains traction, questions of authenticity and accountability come to the forefront.

 

Global Perspectives

Across global markets, sustainability is no longer viewed as an optional value-add, it is becoming a core business imperative. In response, jurisdictions like the European Union and the United States have taken decisive steps to regulate environmental claims and promote transparency in green branding. Under the European Green Deal, companies making environmental claims must provide credible, independently verifiable evidence.[5] This underscores the EU’s commitment to become the world’s first climate-neutral continent by 2050. Recognizing the critical role of intellectual property in this mission, the European Union Intellectual Property Office (EUIPO) has integrated sustainability into its trademark strategy. The EUIPO maintains a “Harmonised Database of Green Terms,” which includes more than 85,000 terms suitable for environmentally related trademarks, and has witnessed over 2 million EU Trade Mark (EUTM) applications in this category since 1996.[6]

 

Similarly, the United States Patent and Trademark Office (USPTO) requires environmental claims in trademarks to meet strict standards of distinctiveness and accuracy. The USPTO and the Trademark Trial and Appeal Board (TTAB) have repeatedly declined marks deemed overly descriptive or unverifiable—for instance, denying trademark protection for terms like “GREEN-KEY” and “ALLERGYGREEN” on the grounds of lacking distinctiveness.[7]

 

These international frameworks demonstrate a strong alignment between trademark law and environmental policy. They illustrate how intellectual property systems can actively support sustainable development goals by discouraging misleading claims and rewarding genuine green innovation. For India, these global practices offer valuable insights as the country continues refining its regulatory and IP systems. With consumer demand for sustainable goods rising, there is an opportunity to shape a trademark environment that encourages both credibility and competitiveness in the green economy.

 

Green Trademarks and Indian Law

While India's Trademark law does not currently offer a separate classification or framework for ‘green marks’, such marks are still subject to scrutiny under the Trade Marks Act, 1999, particularly for descriptiveness or deceptiveness. Under Section 9(1)(b) of the Act, marks that directly describe a product’s ecological benefits—such as “eco,” “green,” or “organic”—may be refused registration for lacking distinctiveness unless they acquire secondary meaning through long-term use. Meanwhile, Sections 9(2)(a) that are deceptive or likely to confuse consumers. The lack of a formal vetting process for environmental claims embedded in trademarks adds to this legal grey. To strengthen credibility and consumer trust, businesses in India may also explore Certification marks, such as the Ecomark by the Bureau of Indian Standards (BIS)[8] or voluntary labels such as GreenPro, developed by the Confederation of Indian Industry[9]. These certifications provide consumers with confidence that sustainability claims are backed by trusted and validated standards.

 

Recognizing this challenge, recent regulatory developments, such as the 2024 Guidelines for Prevention and Regulation of Greenwashing by the Central Consumer Protection Authority (CCPA), mark a welcome step forward.[10] These guidelines define greenwashing as “any misleading or exaggerated claim about a product’s environmental benefits” and apply broadly to manufacturers, advertisers, influencers, and endorsers. These guidelines aim to enhance transparency, accountability, and consumer protection in sustainability marketing. The guidelines emphasize that generic or unqualified use of terms such as “eco-friendly,” “green,” or “sustainable” must be backed by verifiable evidence, such as independent certifications, scientific data, or life-cycle assessments. Additionally, forward looking claims, such as “carbon neutral by 2030” or “net-zero goals”, must be supported by concrete action plans to avoid deceptive marketing.

The enforcement powers rest with the CCPA under the Consumer Protection Act, 2019, enabling the authority to initiate action in cases of misleading green claims. From a trademark perspective, this regulatory development presents both a challenge and an opportunity. While green trademarks remain a powerful branding tool, businesses must now ensure that such marks do not mislead consumers about the environmental attributes of a product or service. Overall, the 2024 guidelines signal a growing commitment to protecting environmentally conscious consumers. For businesses that walk the talk, this evolving regulatory landscape offers an opportunity to differentiate themselves through responsible, verifiable green branding—including the trademarks they choose to represent their values.

 

Enforcing Accountability

India’s regulatory push against greenwashing is not merely theoretical; it has already led to tangible enforcement actions against prominent brands. Godrej, in particular, has faced scrutiny on multiple occasions. In 2012, Godrej Industries was fined ₹5 lakh for falsely advertising its Good Knight Fast Card as “100% natural” and “chemical-free”, claims Advertising Standards Council of India (ASCI) deemed deceptive and fraudulent. Just a few years later, in 2015, Godrej was held accountable again for promoting its No. 1 soap as “100% natural”, “biodegradable,” and “eco-friendly,” despite the presence of synthetic chemicals. Similarly, Voltas Limited faced action for advertising its air conditioners as “eco‑friendly” with a 5‑star energy rating, even though the actual rating was lower. These cases reflect how vague or exaggerated green terminology, especially when used in branding or marketing, can be deemed misleading if not supported by verifiable evidence. Going back further, in 2011, Hindustan Unilever was fined ₹10 lakh by the Ministry of Environment & Forests for promoting Surf Excel Easy Wash as “100% natural and environmentally friendly,” even though it contained artificial ingredients.[11] These examples demonstrate that regulatory scrutiny of environmental claims is increasing in India, and brands that use sustainability language in their trademarks or advertising must ensure that such claims are accurate, specific, and well-substantiated.

 

Conclusion

As sustainability becomes a defining factor in consumer choices, green trademarks are rapidly emerging as powerful symbols that communicate a brand’s commitment to environmental responsibility. This growing trend reflects not only changing consumer values but also the evolving commercial landscape, where eco-conscious branding offers a competitive edge. In India, the rise of green trademarks coincides with increasing regulatory scrutiny designed to prevent misleading claims (Greenwashing) and protect consumer trust.

 

 

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Vrinda Harmilapi

Associate















REFERENCES 


[1] What is Green branding, Bolder agency, https://www.bolderagency.com/journal/what-is-green-branding

[4] Kavya Reddy Devireddy, Greenwashing Unveiled: The Truth Behind Eco-Labels in India, ISSN: 2455-8834 Volume:09, Issue:10 "October 2024.

[7] The Changing Climate Around Green Trademarks, Alisha Rastogi, Chadha and Chadha IP,

[8] ECOMARK: Eco Labelling that enable consumers to make informed purchase decisions and encourage green industries in India, Rahul Sundaram India Law,  https://www.indialaw.in/blog/civil/ecomark-encourage-green-industry-india/

[9] CII promoting GreenPro Ecolabelling, Print Week, https://www.printweek.in/News/cii-promoting-greenpro-ecolabelling-54624

[10] Central Consumer Protection Authority Issues Guidelines for ‘Prevention and Regulation of Greenwashing and Misleading Environmental Claims’, Ministry of Consumer Affairs, Food & Public Distribution, https://www.pib.gov.in/PressReleaseIframePage.aspx?PRID=2064963

[11] THE GREEN MIRAGE: UNMASKING GREENWASHING PRACTICES IN INDIA’S CORPORATE LANDSCAPE. Sangeeta Dutta, Lawful Legal Law Journal, https://lawfullegal.in/the-green-mirage-unmasking-greenwashing-practices-in-indias-corporate-landscape/

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