Cole Palmer has played football for Manchester City, Chelsea and England, and has been referred to as “COLD PALMER” for his composure in front of goal and his ‘shivering’ goal celebration. The question is can Palmer (or his company Palmer Management Limited) protect this nickname and celebration as trade marks?
“COLD PALMER” word mark
Palmer applied to register a UK trade mark for “COLD PALMER”, covering numerous goods/services such as clothing and footwear, jewellery and watches, cosmetics and perfumery, dietary supplements and vitamins, mobile phone accessories, stationery, toys, sporting articles, football coaching services and food and drink (see the full list here).
The application was reportedly opposed by Château Palmer, a French winery that owns UK trade marks for “CHATEAU PALMER” in relation to wine. The “COLD PALMER” application was subsequently amended to remove “wine” goods and to include a limitation stating “none of the aforesaid including wines” for the alcoholic beverage goods. Following this amendment, the “COLD PALMER” UK trade mark proceeded to registration.
The ‘Shivering’ motion mark
Palmer applied to register his ‘shivering’ goal celebration as a UK motion trade mark including similar goods/services to those mentioned above. The motion mark can be viewed here and is accompanied by a description stating: “The trade mark is a short video sequence, approximately 1.5 seconds long, which depicts the professional footballer, Cole Palmer, with his arms crossed across his torso, performing a shivering motion by rubbing his hands up and down his upper arms repeatedly”. The application seeks to protect an entire gesture in movement rather than merely a static 2D image of his celebration.
UK trade marks have expanded beyond the traditional word marks (e.g. brand names) and figurative marks (e.g. logos) to include non-traditional marks such as colour, sound, shape and motion marks (although these are more difficult to register). Such marks must be capable of: (i) distinguishing the goods/services of one undertaking from another and (ii) being represented in a clear and precise way to enable the scope of protection to be understood. The 3D motion video and description was sufficient here for this motion mark to be registered.
Palmer Management Limited has also applied to register in the UK his name “COLE PALMER”, the name “COLE”, Palmer’s signature, his headshot, and a figurative mark of which uses a stylised combination of the letters “C” and “P” to form the impression of a person in the “shiver” pose.
Key takeaways
Cole Palmer joins a growing list of sportspeople or well-known personalities protecting their personal branding through trade marks. For example, Kylian Mbappé (crossed-arms goal celebration), Cristiano Ronaldo (“CR7” nickname) Usain Bolt (lightning-bolt pose), Taylor Swift (signature) and Salt Bae (salt-sprinkling gesture). We set out below some key takeaway points:
- No image rights in the UK – Protection for personal likenesses instead comes from a mixture of intellectual property rights (e.g. trade marks, copyright and passing off), data protection and contractual rights. The benefit of traditional registered trade marks is that they can be easier to enforce (e.g. you have a trade mark certificate rather than needing to prove the elements of unregistered rights) and can be renewed indefinitely if renewal fees are paid.
- Audit your trade mark portfolio – Ensure your portfolio covers relevant marks, goods/services and territories, particularly if you are planning to expand into new product lines or markets. As technology continues to evolve, it may be that we see more sound, motion and other non-traditional trade marks.
- Oppositions – When filing a trade mark application there is a risk of third-party opposition. However, these can be resolved commercially, as in this case where the “COLD PALMER” good/services were amended. Before applying, consider conducting clearance searches to check for earlier trade marks that may be an issue.
- Commercialisation of trade marks – Palmer’s motion mark (if registered) would likely be used more to commercialise the ‘shivering’ celebration (e.g. through merchandising, licensing and collaborations), rather than to prevent imitations. Trade marks are not only protective, they can provide commercial opportunities.
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