There was a time when it may have been enough for a trade mark to be distinctive. Today, a strong trade mark does more than distinguish the product – it also reflects what the brand stands for. Strong trade marks aren’t just names or logos anymore – they represent values.

READ MORE: Cracking the Code of Green Claims: Ensuring Truth and Transparency

Branding & Values: The trade mark promise

Trade marks have long served as a promise to consumers, regarding the origin, quality and consistency of the products that bear them. However, in this age, where the values of the vendor have utmost significance in the hearts of consumers, a strong trade mark might also communicate the vendor’s ethical and environmental commitments. For purpose-led brands, trade marks are now doing heavy work: communicating values that are hard to copy, but easy to fake.

A strong trade mark is no longer merely about visibility – it’s also about credibility. The brands that stand out are the ones that feel genuine.

Distinctiveness and descriptiveness

At its most traditional, a trade mark distinguishes goods or services of one vendor from another. To be registrable, a trade mark must be inherently distinctive (arbitrary, fanciful, or suggestive) or acquire distinctiveness through use.

Overly descriptive, generic or non-distinctive marks are not eligible for registration. For this reason, terms that resonate most with the eco-conscious consumer, like “organic”, “natural”, and “sustainable”, often fail the fundamental test of trade mark registrability: distinctiveness. The more that a trade mark describes the environmental properties of the product, the less eligible it may be for legal protection. Descriptive marks are harder to register, easier to copy, and tougher to defend.

The power of suggestion

Nowadays, in addition to be being distinctive, a good trade mark also means something. A good trade mark might evoke a feeling about the product by hinting at the values of the vendor.

In the eco-friendly and sustainability space, a good example is the clothing brand PATAGONIA, which famously pledges 1% of its sales to the “preservation and restoration of the natural environment”. The trade mark is not fanciful in the legal sense – it’s the name of an actual place – and it is far from descriptive of the clothing or gear which bears the mark. The use of this place name alludes to the dramatic landscapes and rugged beauty that eco-warriors seek to protect. The trade mark hints at ecological significance, which reflects the vendor as a responsible eco-citizen and triggers moral validation in consumers.

Importantly, this trade mark isn’t descriptive, but suggestive. That’s gold in trade mark law because the mark retains distinctiveness while still communicating a message about the product or the vendor. In other words, it passes legal muster but still packs an emotional punch. Compare that to “Environmentally Friendly Outdoor Gear” or “Sustainable Apparel”, which are functional, generic, forgettable and impossible to protect.

Back in the 90’s, Unilever promised consumers that it did not test its Dove products on animals. Thirty years on, it still claims to use alternative, non-animal approaches to testing the safety of its products and is certified by PETA as cruelty-free. The direct message resonates with animal-lovers and evokes a feeling of concern for the world we live in, but the underlying message is that that its Dove products will nurture and care for you.

A better trade mark tells a better story

The most successful eco-brands build a story around their trade marks. This may not be through big-budget marketing, but by walking the talk – by what they do, not just what they say. The story shows who they are, what they care about, and where they draw the line. tentree sells sustainable clothing made with hemp, organic cotton, recycled polyester and fabrics made from wood pulp, using recyclable solvents. This company promises to plant trees for items sold, with the goal of planting 1 billion trees with its customers, by 2030. The approach is participatory. With each purchase, customers receive a code that allows them to track where their trees are planted. Buy a hoodie, plant a forest. It’s gamified, trackable, and emotionally sticky.

tentree’s Earth Day 2019 campaign

tentree’s Earth Day 2019 campaign promised to plant 500,000 trees if a post hit five million likes. It did, and quickly – generating in excess of 15 million likes. That post is still one of Instagram’s most liked of all time. Notably, they didn’t push product, instead they invited purpose.

In 2011, Patagonia famously placed a full-page advert in the New York Times: DON’T BUY THIS JACKET.

Patagonia don't buy this jacket

At first glance, this looked like brand suicide. A clothing company telling customers not to buy its product? It sounded anti-brand, but it was actually pro-purpose, and it worked. Sales reportedly jumped 30% in the next year. Far from being a gimmick, the ad communicated that Patagonia wasn’t here to sell you more, it was here to sell you better. It reflected a brand that had been preaching repair over replacement for years. It used its own trade mark to challenge consumerism. Suddenly, the logo on its puffer jackets isn’t just a mountain range; it is a statement of intent.

From logo to lighthouse

When used consistently and with purpose, a strong eco-brand becomes more than just a name. It helps attract customers, build trust, and create a sense of connection. From a legal perspective, consistent use of an eco-brand builds goodwill and strengthens what courts refer to as the mark’s “pulling power”. Commercially, it encourages customer loyalty, and emotionally, it creates a sense of community.

A strong eco-brand does more than label a product – it guides and shapes how consumers see the brand. Today, people don’t just buy products; they buy into the brand and its values. When that connection is genuine, it builds long-term relevance and helps the trade mark stand out in a crowded market.

Building eco-brands

The strength of a modern eco-brand rests on three pillars:

  • Legal strength: Is it distinctive, protected, and enforceable?
  • Cultural strength: Does it connect with people and reflect something they care about?
  • Strategic strength: Is it integrated into the brand’s story and able to grow with the business?

In this space, a good trade mark identifies the product but a better one reflects the vendor’s values and purpose.

Purpose-led branding comes with responsibility, because consumers will notice if a brand promotes certain values that aren’t lived out. This can damage goodwill and invite legal and reputational risk. An eco-brand shouldn’t just suggest ethics, it should reflect them in practice.

If you’re building a brand in the sustainability space, think beyond the name and the logo. What do your trade marks promise? How can your trade marks communicate this?

  • Choose trade marks that spark feeling;
  • Use them like they matter;
  • Tell stories that mean something;
  • Enforce smartly, not blindly; and,
  • Align your brand with something bigger than sales.

Let’s be clear: traditional trade mark strategy remains critical. A mark should be distinctive, registrable and enforceable, and portfolio management still underpins brand protection, but meaning is the multiplier. What consumers may feel when they see a trade mark isn’t shaped in a filing, it’s shaped in the lived experience of the brand. The strongest marks today aren’t just legally enforceable, they’re emotionally resonant, and in the age of values, that’s the difference between being noticed and being loved.