Eco-Friendly Branding in SA: What You Need to Know About ‘Green’ Trademarks

But if your business wants to take that environmental promise a step further and secure a ‘green’ trademark, the process is more complex than simply picking a buzzword and running with it. Here’s what you need to know before you take the leap.

What Exactly Is a ‘Green’ Trademark?

A ‘green’ trademark refers to any word, logo, or symbol that signals a product or business’s environmental benefits or sustainability credentials. Think “Green Energy Solutions®” or a clever leaf-shaped badge. These marks tell the world that you’re serious about sustainability. In Europe, for instance, nearly 16,000 green-themed trademarks were filed in 2020—making up about 14% of all trademark applications. Here at home, South African businesses are equally eager to showcase their environmental commitments. But making it official with a trademark takes more than good intentions.

Why ‘Green’ Trademarks Are So Popular—And So Challenging

The appeal is obvious: a green trademark instantly shows customers that your brand stands for environmental responsibility. It helps you stand out and builds trust with a growing segment of eco-aware shoppers. But it’s not always smooth sailing when it comes to formal registration.

Intellectual property offices, both locally and abroad, have seen a flood of green trademark applications. The stumbling block? Many of the most popular ‘green’ words—like “green,” “eco,” “bio,” and “sustainable”—are considered generic. If you try to register a name like “Green Cleaning Solutions,” you’ll likely hit a wall. The law says that trademarks must be distinctive, meaning they set your goods or services apart from everyone else’s. Generic or descriptive terms fail this test, and the reason is simple: all businesses should be free to describe their products as eco-friendly if that’s what they are.

The Risk of Greenwashing

Distinctiveness isn’t the only concern. There’s also the issue of greenwashing—making misleading or exaggerated claims about a product’s environmental benefits. This isn’t just bad for your reputation; it can land you in hot water with regulators and consumers. With the European Green Deal cracking down on vague or unverified green claims, and South African consumer laws taking a similarly tough stance, your business needs to ensure every claim can be backed up. If you say you’re green, you need the receipts.

1. Focus on Distinctive Branding: Don’t lean solely on words like “eco” or “green.” Instead, combine them with a unique brand name or create a visually distinctive logo. For example, a stylised leaf motif paired with an original name stands a much better chance than “Eco-Friendly” on its own.

2. Get Creative: Suggestive or invented words that hint at sustainability without spelling it out are often more effective. Take Patagonia’s ‘Better Than New®’—it suggests environmental values without being generic. If you can coin a memorable new word that captures your brand’s green spirit, you’re on the right track.

3. Consider Certification Marks: If your business genuinely meets recognised environmental standards, a certification mark can offer instant credibility. These marks, managed by independent bodies, show customers—not just regulators—that your sustainability claims are the real deal.

4. Back Up Every Claim: Whether it’s your trademark or your marketing, every green claim must be truthful and verifiable. Have your documentation ready, from supply chain certifications to production methods. This transparency builds consumer trust and helps you sidestep regulatory issues.

5. Speak to an Expert: Trademark law has its quirks, especially when it comes to green branding. Connect with a local intellectual property attorney early on. They’ll help you run checks, navigate any red tape, and give you the best shot at securing your mark without hitting costly roadblocks.

What to Avoid with ‘Green’ Trademarks

1. Don’t Rely on Descriptive Words Alone: Trademarks that are just “eco,” “sustainable,” or “natural” will almost always be rejected. They simply aren’t distinctive enough.

2. Don’t Stretch the Truth: Greenwashing—whether intentional or not—will catch up with you. If you can’t prove your environmental claims, leave them out of your branding.

3. Don’t Forget About Disclaimers: If your trademark combines descriptive green terms with unique elements, you may need to disclaim exclusive rights to the generic words. This means others can still use those words, but your brand’s distinctive combination is protected.

4. Don’t Copy What’s Already Out There: Always check for existing green trademarks before you commit. Copying or even coming too close to another brand’s eco-friendly look or name can end in expensive legal trouble.

 The new rules ban generic green claims (like “organic” or “eco-friendly”) unless you have third-party certification. Sustainability labels must be approved, not just self-declared. While South African laws aren’t identical, aligning with these standards will open more doors and protect your business across borders.

The Bottom Line

South Africa’s natural beauty is one of our greatest assets, and protecting it is everyone’s responsibility. Registering a ‘green’ trademark isn’t just about legal compliance—it’s about showing your customers that your environmental commitment is real, and that you’re building a business for the future. By following best practices and steering clear of common pitfalls, South African companies can lead the way in sustainable branding and help create a greener tomorrow, at home and abroad.