An analysis of green trademarks vis‐à‐vis Indian trademark law

Abstract Businesses have a huge impact on the environment in the present economic era. The market is full of noneco‐friendly products. In the epic struggle between the profit‐oriented mode of production and environmental protection, green branding acts as a ray of hope for change, satisfying the needs and objectives of both, the capitalists as well as the environment. Green branding is a method to demonstrate the products as eco‐friendly through a green trademark which implies that the mode of production, constituents, packaging, final output and/or the disposing of the products is eco‐friendly. However, there is no evidence suggesting recognition of green trademarks across the jurisdictions. Authors argue that the global challenge of environmental protection cannot be neglected by the reason of varying laws or their absence at all. Further, there has been continuous efforts by businesses to harness the profit by marketing numerous noneco‐friendly products as eco‐friendly by misutilising the concept of green branding in absence of any stringent laws constituting the greenwashing. Such practices must be curtailed to protect consumers from misleading information while promoting genuine environmental responsibility and encouraging sustainable business practices. This article analyses the statutory standing of green trademarks in India and the existing and potential measures, including legislative changes, which are and can be potentially taken for recognition, registration and promotion of green trademarks and to curb any existing or potential misutilisation of the same.