Store shelves continue to turn green as an increasing number of products tout their sustainable nature through the use of green product packaging. The most recent issue of the ABA magazine, Landslide, is all about “green” with multiple articles discussing the impact of this phenomenon in the IP field.

One of the articles, “It’s Not Easy Being Green: Use of the Terms “Organic,” “Sustainable,” and “Natural” in Trademarks and Advertising” written by Jennifer M Hetu and Anessa Owen Kramer, discusses the surge of trademark applications for marks containing “organic,” “sustainable” and the like. They outline the USPTO’s treatment of these marks which could include a possible disclaimer requirement or a refusal if the use of these terms would be deemed false or deceptive.