When Usain Bolt strikes his lightning bolt pose or Cole Palmer shivers his way through a goal celebration, these moments become as recognisable as any logo. But can a gesture truly be owned? As the lines between athlete and brand continue to blur, trade mark law is providing the answer.
Trade mark law does not protect a physical movement per se. What it protects is the visual depiction of that movement: a figurative mark, a motion mark or a stylised logo – when it functions as a badge of commercial origin. Non-traditional trade marks including motion and gesture marks, open the door for athletes to register the celebrations that define them, and the trend is well underway.
Kylian Mbappé registered a figurative mark of his crossed-arms celebration with the European Union Intellectual Property Office (“EUIPO”), alongside his name and most quoted phrases. Cristiano Ronaldo's CR7, is registered across multiple jurisdictions for goods from underwear to jewellery and remains the
