More Than A Pose: Protecting Signature Sporting Moments

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 benchmark of athlete branding. Cole Palmer has gone further, securing a motion trade mark for his "Cold Palmer" shivering celebration: a short video sequence, approximately 1.5 seconds long, which depicts the professional footballer, with his arms crossed across his torso, performing a shivering motion by rubbing his hands up and down his upper arms repeatedly. He also secured figurative trade marks, his name, and his nickname. Viktor Gyökeres, the Arsenal and Sweden striker, registered an image of his "mask" celebration with the EUIPO – a single figurative depiction of the moment he crosses his hands over his face.

*Image credits: Kylian Mbappé, Cole Palmer, Viktor Gyökeres and Usain Bolt. 

It stands to reason then that these signature sporting moments are not just fleeting expressions of joy from our favourite athletes, but rather they are powerful commercial assets which require protection. In modern sport, moments travel faster and further than the athlete themselves, largely due to the power of social media. Commercially, the logic is clear. These registrations give athletes control over how their image, persona and celebrations are exploited on merchandise, in video games, and through endorsement deals – much like Nike's Jumpman silhouette protects the commercial value of Michael Jordan's slam dunk. Crucially, they do not prevent fans or rival players from mimicking a gesture. The protection is commercial, not performative.

Enforceability, however, remains an open question. A figurative mark captures a single frame while a motion mark captures the movement itself – harder to obtain, but potentially more powerful. As wearable technology, digital media, and gaming continue to intertwine with sport, the commercial value of a signature celebration will only grow.

A goal celebration was once a fleeting moment of joy. Today, it is an asset, and the difference between a fleeting moment and a lasting brand is legal foresight. These trade mark registrations are simply athletes catching up — claiming legal ownership over what the market already recognises as theirs. This World IP Day, as WIPO celebrates "IP and Sports: Ready, Set, Innovate," these stories remind us that innovation in sport extends well beyond the pitch.

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