The power of a brand as a vehicle for addressing environmental challenges

World Earth Day is an annual event celebrated in April each year with an aim of promoting awareness and action related to the protection of the environment. This World Earth Day, we take a look at how trade marks can play a role in promoting to consumers that a company is taking steps to ensure its business is sustainable and environmentally friendly and why this is beneficial to the consumer, the business and the planet.

Different types of trade mark

In the context of marks which can be used to promote the aims of World Earth Day, a few different types of trade mark might be relevant. Traditional trade marks, which act as a badge of origin, are used by many companies, however, less well-known types of mark that are highly relevant in this context are certification and collective trade marks.

What is a certification mark?

Certification marks are similar to traditional trade marks in that they provide the consumer with information about the goods and services being offered under the mark. However, whereas traditional trade marks tell the consumer about the commercial origin of the goods or services being offered, certification marks usually provide information about certain qualities or characteristics the goods/services possess. A certification mark is essentially a stamp of quality which provides the consumer with a deeper understanding of the nature of the product or service being purchased. For example, those in the UK will be familiar with the Red Tractor logo, which tells UK consumers that the product has been produced and processed in the UK and complies with defined food safety standards and responsible farming practices.

What is a collective mark?

Collective trade marks are essentially a badge of membership. They are used to inform the consumer that the company offering goods or services is a member of a community, there are usually conditions that must be complied with before membership is granted. For example, it is common for collective trade marks to be used by Chartered organisations, such as the Chartered Institute of Trade Mark Attorneys, so that their members can use the collective mark as an indication that they meet the requirements to belong to the organisation.

How else do certification marks and collective differ from traditional trade marks?

There are a couple of important differences between certification or collective marks and traditional trade marks.

Firstly, to ensure they can fulfil their function as a stamp of quality or as a badge of membership, both certification marks and collective marks require detailed regulations which outline the criteria which must be complied with before the mark can be applied to a product or a service.

Another important difference relates to who can use the mark. Whilst traditional trade marks are used by the trade mark owner (or by a third party under licence), it is not permissible for a certification mark to be used by the entity which owns it. This is because the entity which owns the certification mark, usually a trade association or regulatory body, must act as an independent regulator to maintain standards in their field. The job of the trade mark owner is to ensure that the standards and criteria laid out in the regulations are being complied with. Since no regulator should be regulating themselves, this function inherently requires the trade mark owner to be independent of the goods/services being provided and this prohibits them from putting goods/services on the market under the certification mark. The position is slightly different for collective marks, which can be used by the organisation which owns the mark as well as its members. Ownership of a collective mark can also be a useful way to allow members of your organisation to use the mark without the need to put a bespoke licence in place with every member of the organisation.

It is also worth noting that, in the UK at least, traditional trade marks and certification marks are mutually exclusive and the same owner will be prohibited from obtaining protection for the same mark as both a traditional trade mark and a certification mark. On the contrary, traditional trade marks and collective trade marks can sit alongside each other on the trade mark register. The provider of certification services might need to think carefully about their choice of mark as it may be the case that they require a mix of traditional and certification marks, for example, a traditional trade mark might be needed for the service testing and certifying goods (which will be offered by the certifying body that owns the mark), but a certification mark might be needed to cover the goods being certified (which will be produced by third parties).

It is essential to think about whether you require a traditional trade mark or a certification mark when filing a new application for a mark which acts as a stamp of quality or approval. Failure to apply for the right kind of mark can have significant consequences, including loss of rights in the event the registration is put to proof of use. You can read more about this in our previous articles here and here. You might be surprised by the number of high profile marks which are not registered as the kind of mark you might expect and owners are advised to seek legal advice to ensure they have adequate protection in place to avoid a loss of rights.

How do trade marks raise awareness of environmental issues?

The use of various different kinds of trade mark to provide the consumer with information above and beyond the commercial origin of the goods is not new in the context of green and environmentally friendly brands, but it has been significantly on the rise in recent years. According to a report on Green Trade Marks issued by the EU IPO in 2023, applications for “green” trade marks reached their peak in 2021 when over 21 thousand applications were filed at the EU IPO which contained at least one term in the specification of goods/services which related to the protection of the environment or sustainable development. During our research, a search of the EU IPO register revealed a significant number of trade marks supporting environmental issues ranging from recycling, sustainable flowers, plastic free products, reducing carbon footprints and many more in between.

Here, we look at how three significant organisations are using the power of their brands to raise awareness of environmental issues, encourage a change in consumer purchasing behaviour, and ultimately to drive global change to address environmental challenges. For a more in-depth look at one organisation driving more sustainable fashion, we also refer to our earlier article here.

Case Study 1 – Fairtrade

the “Fairtrade Logo”

Most readers will be familiar with the Fairtrade logo, this is a certification mark which is registered and owned by Fairtrade Labelling Organizations International e.V.  The Fairtrade Foundation was established in the UK in 1992 and the first Fairtrade certified product, Green & Black’s Maya Gold Chocolate, was put onto the market in 1994, followed shortly thereafter by several tea and coffee products.

The logo has evolved over time and today, the Fairtrade logo is instantly recognisable to millions of consumers as a symbol that the product they are purchasing meets the Fairtrade standards, which ensure fair pricing and better working conditions for farmers as well as sustainable working practices.

Since the first Fairtrade chocolate was put onto the market in 1994, the range of products bearing the mark has expanded significantly and now encompasses tea, coffee, fruit, cotton, juice, sugar and even flowers. It is estimated that one third of all bananas sold in the UK are Fairtrade certified. Brands have also been keen to make use of the mark to promote their own sustainable practices. Major brands which offer 100% Fairtrade products include Cadbury, Starbucks (for coffee), Marks & Spencer and Waitrose (both for coffee and tea), Ben & Jerry’s, Mars and Co-Op (for any products containing cocoa).

The strength of the brand is evidenced by consumer buying behaviour which has shown an increasing trend over the years towards Fairtrade certified products. It is estimated that today, over £1.7 billion worth of Fairtrade certified products are sold in the UK.

Case Study 2 –  Forest Stewardship Council

the “tick-tree logo”

You might not recognise the name of this organisation, but you will likely recognise its “tick-tree” logo, which is registered as a certification mark. This is a good example of how certification trade marks, when properly used, provide the consumer with information about characteristics of goods and services, but not about trade origin. The owner of certification marks is often invisible to the end user, but their marks are often very well known.

The Forest Stewardship Council (“FSC”) is a UK non-profit organisation which helps protect the world’s forests and tackle deforestation, climate and biodiversity challenges. The tick-tree logo is found on millions of products worldwide to verify responsible sourcing of the products.

FSC’s certification system covers 160 million hectares of forests and the tick-tree logo allows consumers to ensure they are choosing wood and paper which has been sourced responsibly from forests which are being managed in a way that preserves biological diversity and benefits the lives of workers and local people. The certification system has a strict set of requirements that must be complied with before the certification mark can be used. These requirements are laid out in the Regulations which must be filed alongside a certification mark application and their purpose is to ensure the tick-tree mark maintains its value as a trusted indication of sustainability by outlining clear standards that must be adhered to.

According to a 2024 survey conducted on behalf of FSC, 79% of UK adults recognise the tick-tree logo and many also say they give preference to FSC certified products. These high levels of recognition are achieved by widespread use of the tick-tree logo by third party brands which believe in the environmental messages behind the logo and want to educate consumers about the efforts the brand is making to ensure sustainable production of wood and paper based products.

Case study 3 – B Corp Certified

the “B Corp certification”

A more recent entrant into the world of environmental certifications is B Lab, the entity behind the “B Corp Certification”.

B Lab began in 2006, but in recent years has become a household brand which, according to its website, is known for certifying companies which meet “high standards of social and environmental performance, accountability and transparency.” The aim of the organisation is to build a movement to change economic systems to address society’s most critical challenges. As of 2025, there are over 9 thousand B Corps around the world.

Brands can apply to be B Corp Certified if they meet the strict standards, which cover a range of issues including environmental and circularity requirements and climate action, but also spanning justice, equality and human rights standards. This mark is therefore used as an all-round ethics mark signifying a wide range of social and environmental standards which need to be complied with before a brand can use the mark.

B Corps across the UK cover 126 different sectors and major brands which are B Corps include Graze, Octopus, Tony’s Chocolonely and Farrow & Ball. B Lab also works together with a large number of other organisations promoting the same values, one of these initiatives is in partnership with Fairtrade.

According to B Lab, B Corps outperform other businesses across multiple metrics, including revenue growth. The growth of businesses once they become B Corps is a testament to the power of the mark, which has strong messages about the ethics and sustainability of products which consumers are increasingly relying on to make purchasing decisions.

Commentary

The case studies above highlight just three of many significant organisations which are using the power of a brand to encourage change. All three of these brands have acquired significant reputation and recognition amongst the relevant public, not to promote the organisation which owns the mark but instead to promote the environmental messages which the marks stand for.

All three organisations have managed to bring consumers along with them on their environmental journey by educating consumers about the aims of their respective brands and encouraging consumers to make purchasing decisions by factoring in the sustainability of a product.

By leveraging the marks, third parties who comply with the strict standards laid out by the relevant organisation have been able to achieve significant commercial success over and above that which is seen by organisations who do not promote similar environmental credentials.

The commercial context in which these marks are used benefits everyone involved. The brand using the mark can promote its own credentials, whilst also marketing its personality and morals to attract likeminded consumers, which in turn often leads to more significant commercial success than might otherwise be achieved. Environmentally conscious consumers have assurances that the products they are buying are sustainable, environmentally friendly, or otherwise produced in accordance with ethics or morals that the consumer feels closely aligned with. Meanwhile, the organisation behind the brand continues to strengthen the power and value of the brand, which generates more revenue to promote corporate and social change on a global scale.

The potential impact is significant, and these corporations have the power to drive change and encourage corporations and individuals to make more sustainable and environmentally friendly decisions. These are big changes that start with a humble brand which, when protected and employed in the right way, can have the potential to change the world.