Get the green light on green brands

• Published in: Managing Intellectual Property
• Main Author: Wilkes, Meredith
• Format: Trade Publication Article
• Language: English
• Published: London Euromoney Institutional Investor PLC 01.05.2009
• Subjects: Banking; Corporate planning; Dictionaries; Green buildings; Green marketing; Patent law; Registration; Service marks; United States > US
• ISSN: 0960-5002

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. Trade mark owners will not be surprised to learn that brand owners can attempt to make green claims and suggest green sources of origin through the use of trade marks and service marks. Even better, they may be able to prevent confusingly similar brands from entering the marketplace by obtaining a federal registration covering the brand for the goods or services. Because of the power these types of marks command, it will also come as no surprise that there are thousands of Eco and Green-related applications pending in the USPTO in connection with a host of goods and services. However, it may be surprising to learn which green registrations are issuing and which ones are being refused.