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April 28, 2025

Hello Reader,

Most brand owners know they can’t use misleading trademarks. But did you know a trademark can be refused just for sounding misleading—even if it’s technically true?

That’s exactly what happened in the recent case of In re Twisted X, Inc., where the USPTO refused to register the mark ECOTWEED for “footwear made of a tweed-like material.”

What’s the issue?

The Trademark Office said the mark ECOTWEED was deceptive under Section 2(a) of the Trademark Act. Why? Because:

1. “Tweed” usually means a wool-based fabric, and the applicant admitted their product was made from recycled plastic bottles, not wool.
2. Consumers have seen “tweed” used to describe real fabric—so they might believe these shoes were made of wool.
3. Tweed is known for being durable, warm, and weather-resistant—qualities that could influence a buyer’s decision.

The Board concluded that even though the goods were accurately described as made of “tweed-like material,” the ECOTWEED name would likely lead people to believe they were buying real tweed.

But wait—what about the “eco”?

The applicant argued that the “eco” prefix changes the meaning of the mark and signals to consumers that it’s something different. But the Board didn’t buy it. They said there was no strong evidence that “eco” signals “imitation” to the average consumer.

One judge dissented, saying the majority was being too rigid and that consumers would understand the difference between real tweed and tweed-like material. But the majority stuck to their view: reasonable consumers could still be misled.

Tips & Tricks: How to Avoid a Deceptive Refusal

✅ Be cautious with coined terms – Just because you made it up doesn’t mean consumers won’t read into it.

✅ Know your materials – If your mark includes a term like “wool,” “leather,” “gold,” or “tweed,” and your product doesn’t contain it—you might be at risk.

✅ “Eco” doesn’t fix everything – Adding “eco,” “bio,” or “green” doesn’t automatically make a name safe. You still need to think about how consumers will interpret the full mark.

✅ Tell the truth in marketing—but also in naming – Even if your packaging or website clearly explains what the product is, your trademark still has to stand on its own.

Trademark law protects consumers from being misled—and trademarks that suggest your product is something it’s not can get rejected. If you’re building a brand around sustainable materials, innovation, or design, let’s make sure your name is just as smart as your product.

Keep Your Brand Safe and Protected,​
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J.J. Lee and the Trademark Lawyer Law Firm Team!

P.S. If you’re using terms like “eco,” “plant-based,” or “vegan” in your brand name, it’s worth a quick check to make sure your trademark won’t get flagged as deceptive. Let me know if you’d like to talk it through.

​trademarklawyerfirm.com​
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