More than a celebration: the rise of non-traditional trade marks in sport

As celebrities, athletes and other public figures continue to build increasingly valuable personal brands, many are looking beyond traditional logos and names when seeking trade mark protection.

In recent years, we have seen growing interest in non-traditional trade marks, including sounds, voice clips, colours, motions and gestures. This trend has been accelerated by the rise of generative AI and deepfake technology, as well as the absence of image rights protection in the UK.

One recent example comes from men’s football (or if you are American, soccer). Chelsea FC footballer Cole Palmer’s famous “shiver” goal celebration has already secured trade mark protection. The registered motion mark covers a wide range of goods and services, helping to protect a gesture that has become closely associated with Palmer’s personal brand.  The registration can be seen here: Cole Palmer’s Shiver Gesture (Motion Mark)

This registration demonstrates how trade mark law can be used to protect distinctive elements of a celebrity or – in this case – a sports person’s identity, provided they are capable of distinguishing the goods or services of one party from those of another.

Of course, registration is only the first “act”. The prospect of enforcing a gesture trade mark raises a number of interesting legal questions. At what point does a celebration become distinctive enough to function as a trade mark? How would infringement be assessed? What would constitute genuine use of the trade mark in order to ensure the registration does not become vulnerable to cancellation once it is over five years old?  And how far can a trade mark owner realistically prevent others from using a similar gesture?

As the global footballing community comes together for the World Cup, there is also a footballing debate to be had. Aston Villa’s Morgan Rogers has previously claimed to be the originator of the “shiver” celebration, although it appears he has gifted it to Cole Palmer.  A suitable consolation for missing out on selection to the England Squad, perhaps?

As personal brands become increasingly valuable commercial assets, we can expect to see more athletes, entertainers and influencers seeking protection for the distinctive gestures, sounds and other non-traditional elements that make them instantly recognisable.

For more information on non-traditional trade marks, please contact Clare Turnbull, Head of Trade Marks at Venner Shipley. Clare chairs the Non-Traditional Marks Sub-Committee (Europe and Central Asia) of the International Trade Mark Association (INTA), helping to shape best practice and provide guidance to the global IP community in this evolving area of trade mark law.