Athletes are increasingly treating expressive gestures as brand assets, with Chelsea midfielder Cole Palmer’s goal celebration becoming a notable example. By securing trademark protection for his signature shiver motion in the U.K., Palmer joins a growing group of athletes seeking to formalize the visual elements of their persona. His recent U.S. filing raises critical questions about how trademark law treats motion marks and their commercial viability in American markets.
Motion marks - dynamic sequences that function as trademarks - have long been part of popular culture. Pixar’s lamp hopping, Columbia Pictures’ Torch Lady, and Marvel’s page-flip animation are all iconic examples. These marks are not just visual cues, they are source identifiers that consumers associate with specific brands. The same principle applies to athletes, whose stylized celebrations have become recognizable to fans worldwide.
In the U.S., however, the path to registering a motion mark is complex. The U.S. Patent and Trademark Office (USPTO) acknowledges motion marks but demands rigorous evidence of their use in commerce. Unlike static logos or words, a gesture must demonstrate distinctiveness and serve as a reliable indicator of brand origin. For athletes, this means proving that their celebration has transcended personal expression to become a recognizable brand element.
The case of Usain Bolt offers a useful precedent. His lightning bolt pose, registered as a trademark, became a consistent visual marker across merchandise and media. Similarly, Kylian Mbappé’s folded arms celebration is protected in the EU, illustrating how stylized gestures can be commercialized. Yet, Palmer’s approach is more ambitious: his trademark includes a short video of the motion, opening possibilities for licensing in video games or digital ads.
For U.S. practitioners, Palmer’s filing highlights the challenges of motion mark registration. While foreign filings can expedite the process, the USPTO remains skeptical of motion marks for goods, often requesting detailed evidence of use. Applicants must show that the gesture functions as a trademark in commerce, not just as a personal expression. This requires consistent use in advertising, merchandising, or digital platforms to establish brand recognition.
Distinctiveness is another hurdle. The USPTO expects proof that consumers perceive the motion as a brand identifier. For athletes, this is harder to demonstrate than for entertainment companies, which can leverage pre-existing brand exposure. Viral clips and sports broadcasts may build awareness, but legal protection requires showing that the gesture has crossed into commercial territory. The “Let’s Get Ready to Rumble” catchphrase exemplifies this shift, evolving from a crowd engagement tool to a protected trademark.
Enforcement of motion marks also presents unique challenges. While casual imitation by fans is unlikely to infringe, unauthorized commercial use - such as merchandising or digital endorsements - can trigger legal action. Athletes must balance trademark rights with the right of publicity, which often plays a more dominant role in controlling the commercial use of their likeness.
As brands adopt video-first identities, motion marks are likely to gain relevance across industries. From mobile app animations to gaming interfaces, distinctive gestures may warrant protection. Businesses and athletes alike should prioritize identifying emerging motion-based brand elements early, standardizing their presentation, and gathering evidence to support future applications. Coordination between legal, marketing, and design teams is essential to ensure these gestures function as true source identifiers, not fleeting creative flourishes.
IP Defender monitors national trademark databases for conflicts and infringements, helping businesses stay ahead of potential threats. With coverage in 50+ countries, including the EU, U.S., and Australia, their service ensures brands are protected from rogue registrations and conflicting trademarks. For companies navigating the complexities of motion marks or any form of intellectual property, IP Defender provides a reliable solution to safeguard their assets.
The intersection of sports, entertainment, and technology is reshaping how brands are recognized. Motion marks represent a new frontier in trademark law, demanding both creativity and legal precision. For athletes and businesses, the goal is clear: turn personal expression into a durable, commercially valuable brand asset.