Can a Celebration Become a Trade Mark? The Rise of Motion Marks in Sport

In the world of professional football, a player's brand extends far beyond the pitch. For Chelsea and England's Cole Palmer, his on-field persona is defined by his "shivering" goal celebration and has seen him earn the nickname "Cold Palmer" among fans.

However, his attempt to translate this on-field success into a commercial brand has run into an unexpected legal battle. His trade mark application for the nickname and the celebration has been formally challenged by a highly-regarded French winemaker, Château Palmer.

The UK Intellectual Property Office (IPO) trade mark register shows shows that Cole Palmer has submitted a number of trade mark applications to protect his personal brand. Here is a breakdown of what each application entails and why it is a strategic move for the player.

Timeline

Late 2024: Cole Palmer, through his representatives, filed a series of trade mark applications with the UK's Intellectual Property Office (IPO).

The Applications and Their Purpose

"Cole Palmer": Registering his full name is a foundational step in building a personal brand. This type of word mark prevents unauthorised third parties from using his name on a wide range of goods and services, such as clothing, accessories, or even alcoholic beverages, without his permission. This gives him full control over his image and licensing opportunities.

"Cold Palmer": This application is a more creative and commercial move. The nickname, which has been widely adopted by fans, is being protected to prevent others from capitalising on his popularity. A celebrity's nickname often has more commercial value than their full name.

His Signature: A signature is often used on products for authenticity and to increase a brand's value.

An Image of Himself: This type of application protects his likeness, providing a strong legal basis to prevent others from using his image on merchandise or in advertising without his consent. This is a vital asset for any public figure looking to control their brand. With the increased risk posed by AI and ‘deep fakes’, this appears to be a proactive step that more well-known figures will take to counteract these risks.

A Motion Mark: This is the most innovative and legally complex of his applications. A motion mark is a unique type of trade mark that protects a specific movement or sequence. By applying to register his "shivering" celebration as a motion mark, Palmer's legal team is attempting to protect the visual motion itself, albeit this could be very tricky to enforce in practice.

Early 2025: The IPO's examiners reviewed the applications to ensure they met all legal requirements and were inherently distinctive.

August 2025: Château Palmer files a formal opposition to the "Cold Palmer" trade mark application. This objection is filed during the opposition period, a two-month window after an application is published, though it can be extended.

If no resolution is found, both parties will be given an opportunity to present evidence and arguments to a Hearing Officer, who will make a final decision on the application's fate. This process can take months, or even years, especially if the parties agree to a "cooling-off period" to negotiate a settlement.

The Trade Mark Test: Likelihood of Confusion

A key principle of trade mark law is preventing consumer confusion. A trade mark must be sufficiently different from existing marks to avoid the public mistakenly believing they are from the same or economically linked businesses.

Château Palmer's opposition is likely to focus on three key points:

The Name: The name "Cold Palmer" is somewhat phonetically/visually similar to "Château Palmer." To the average consumer, hearing the name spoken could in theory lead to confusion about the origin of products, especially since both parties are linked to the wine and beverage industry.
The Goods: Palmer's application covers a broad range of goods, including alcoholic beverages and wines. This directly overlaps with the products sold by Château Palmer, strengthening their claim that consumer confusion is not just a possibility, but a likelihood.
The Reputation: Château Palmer is a well-established brand with a long history and a reputation for producing high-end wines. The use of a similar name could dilute their brand's value or imply a business connection that doesn't exist.

This dispute highlights a crucial lesson for anyone building a brand: even if your mark is inherently distinctive, a formal objection from a brand with a similar name and overlapping goods can halt the entire process. Nonetheless, Palmer’s legal team have made several amendments to the application (including amending the wording in Class 33 to exclude “wines complying with the specifications of the PDO Champagne”), suggesting that perhaps this matter may reach an amicable conclusion.

Where Has Trade Marking Celebrations Succeeded?

While Palmer’s battle is ongoing, other athletes have successfully navigated this space by either trade marking a stylised representation or a non-generic name.

Usain Bolt: The Jamaican sprinter successfully registered a figurative trade mark for his iconic "Lightning Bolt" pose. The mark is a silhouette of Bolt striking his signature pose, and he has used it for merchandise and branding.
Kylian Mbappé: The French football star has successfully registered a figurative trade mark of his goal celebration in France and throughout the European Union.

These successes show that it is possible to commercialise a personal brand through trade marks, but they highlight the need for a distinctive and original mark that is not descriptive or like an existing brand.

Protecting Your Brand

Whether you're considering a cutting-edge motion mark or need support with your core brand assets, our team is equipped to help. A comprehensive and proactive approach is the only way to safeguard your brand from the unexpected challenges that can arise.