Borrowed Badges: The Legal Requirements for That Sustainability Seal
GOTS, OEKO-TEX, Fair Trade, and B Corp are trademarks someone else owns. Your brand is just an authorized user.
If you are a sustainable fashion brand, it’s important to recognize that a certified sustainability seal on your homepage is more than just a badge or logo. You are allowed to use someone else’s trademark, provided you meet specific criteria. The USPTO registers these as certification marks: the certifying organization owns the mark, and brands that meet its standards display it as authorized users, not owners.
Examples of these certification marks include GOTS, OEKO-TEX, Fair Trade, and B Corp. Each mark has an owner, a license agreement (certification requirements), and conditions that must be followed. The certifying body determines which products or services the mark applies to, where it can be displayed, and what claims can be made about its use. The owner must also exercise legitimate control over how the mark is used, so monitoring and enforcement are built into the system.
What Each Certification Requires
GOTS (Global Organic Textile Standard). Products must contain at least 70% certified organic fibers to carry the “made with organic” label, or at least 95% for the “organic” label. Every company involved in processing the product must be certified by an approved independent certification body, and all certified sites must undergo annual on-site inspections. The certification applies to specific products, not the brand as a whole.
OEKO-TEX Standard 100 is a product safety certification, not an organic or ethical labor standard. Finished products, including every thread, button, and accessory, are tested against a list of more than 1,000 harmful substances, with limit values assigned by product class based on the intensity of skin contact. Certificates are valid for exactly 12 months and must be renewed annually. A seal displayed when your certification has expired is definitely a compliance issue.
Fair Trade Certified (Fair Trade USA). Certification applies to the factory where the garment was made, which must be audited and approved, and to the brand, which must purchase on fair trade terms, including paying into the Community Development Fund. A brand itself cannot be Fair Trade Certified; Fair Trade USA offers only brand licensing and product certification. Note that Fair Trade USA and Fairtrade International are separate organizations with separate marks and standards.
B Corp. This one is changing right now, and brands displaying the logo should pay attention. The old system required companies to score 80 points on the B Impact Assessment. Under the new model, there are no points; companies must meet minimum requirements across seven impact areas (governance, climate action, human rights, fair work, environmental stewardship, justice, equity, diversity and inclusion, and collective action). Excellence in one area can no longer offset gaps in another. Assessments are now conducted by independent third parties, replacing the previous self-assessment model. Existing B Corps that cannot commit to recertifying by September 27, 2026, must sign an amendment and waiver to retain the designation on an interim basis. If your certification status is in transition, your logo use and claims need to reflect that.
Where Brands Get in Trouble
Most misuse of certification marks is not intentional fraud; however, it can still lead to serious legal consequences, such as trademark infringement claims from certifiers or violations of FTC regulations. Understanding the policies governing these marks is crucial to prevent unintentional violations that could result in legal action or the loss of your certification.
Failure to comply with these regulations can lead to three significant issues: a trademark infringement claim, potential deception under the FTC’s Green Guides, and the risk of losing a certification you have invested in. This underscores the importance of proper management to mitigate these risks.
If you choose to create your own “consciously certified” badge without a certification program to support it, you could encounter a fourth issue if you proceed without appropriate guidance.
Review Certification Terms Regularly
If your brand displays a certification seal, it’s essential to review the license terms regularly. Confirming that your claims and product descriptions continue to comply with the certifying organization’s requirements will help you maintain trust and credibility with your audience.
Sources: GOTS Key Features · Oregon Tilth, GOTS Requirements · OEKO-TEX Standard 100· Fair Trade USA Standards · B Lab Certification Hub · USPTO, Certification Mark Applications
This article provides general information, not legal advice. The certification requirements described in this article are accurate as of July 15, 2026. Standards change, so please confirm current requirements directly with the certifier before relying on them.