The Green Mirage: Lacunae In Trademark Law and The Eco-Branding Paradox

ABSTRACT

The growing emphasis on sustainability in the fashion industry has significantly influenced modern branding practices, with environmental language increasingly becoming a part of trademarks. This paper examines how such “green trademarks” operate within the framework of the Trade Marks Act, 1999, with specific focus on section 9(2)(a), which prohibits deceptive marks. While the provision appears to be broad in terms of scope, this study argues that it remains limited in addressing sustainability-related expressions that function through suggestion rather than explicit claims. This research uses a doctrinal approach to study how trademarks that include words like “eco” or “green” can strongly influence what consumers believe about a product, even though there is no requirement to prove these claims when the trademark is registered. By analysing relevant case laws and real-world branding practices in the fashion sector, the paper highlights a growing disconnect between the symbolic meaning conveyed by trademarks and the absence of legal scrutiny over such meaning. A comparative perspective further shows that while this limitation exists across multiple legal systems, they have developed supplementary regulatory frameworks to address environmental claims in the marketplace. The paper argues that the problem is not just the lack of checking, but also that trademarks are now being used to send messages about values and beliefs. It concludes by proposing targeted reforms, including limited substantiation requirements, updated examination guidelines and greater institutional coordination. These measures aim to ensure that trademark law continues to be responsive to contemporary branding practices while preserving its core principles.