Cole Palmer Files UK Trade Mark for “Cold Palmer” and “Shivering” Celebration

Chelsea and England footballer Cole Palmer has recently filed UK trade mark applications on his company’s behalf for the words “COLD PALMER” and a motion trade mark application inspired by his iconic ‘shivering’ goal celebration.

Trade Marks

In the UK, trade marks protect signs that distinguish the goods and services of one business from those of another. By registering a trade mark, brand owners can protect their business identity and build a solid foundation for their reputation and market presence.

Names and logos are the most commonly registered trade marks but more unusual trade marks (which are harder to register) are gathering popularity.

Motion Trade Marks

Motion trade marks, also known as moving trade marks, consist of a movement or change in the position of elements or colours of the trade mark.

Motion trade marks were recently granted by the UK IPO following a change in the requirements for non-traditional trade mark applications under the 2015 Trade Marks Directive. This removed the requirement for trade marks to be graphically represented and instead applicants can use multimedia files or a series of sequential still images in applications.

Cole Palmer’s Application

Palmer’s trade mark applications are extensive covering a wide array of goods and services across various classes including fashion, accessories, food and beverages and design services. The wide range of the trade applications indicates his intent to establish a broad commercial footprint, leveraging his public persona in various products following in the footsteps of other famous footballers and sportspersons.

The inclusion of his celebration video in the application highlights the innovative approach of incorporating a visual element as a trade mark, reflecting the growing trend of sportspersons trade marking unique personal gestures and celebrations such as Kylian Mbappé’s crossed tucked arms celebration.

The motion trade mark application has been filed with a short video of Cole Palmer performing his goal celebration and interestingly, includes the following description/limitation:-

“Registration of this mark shall give no right to the exclusive use of a sign comprising any person other than the person shown in the motion mark, or a representation or lookalike of the person shown in the motion mark, making the movement shown in the motion mark.”

The inclusion of the description/limitation could be seen as establishing a condition that, if the application proceeds to registration, the person shown in the motion mark video or a representation or lookalike of the person in the motion mark video (Palmer) only has exclusive use of the trade mark. Which is interesting when the purpose of enforcing a trade mark is to stop third parties from using an identical or similar sign to similar/same service/goods as the registration.

As football fans may know, Aston Villa’s Morgan Rogers also uses the same goal celebration. This might give Rogers grounds to have Palmer’s application opposed or cancelled if it does get registered, if Rogers can show he has an earlier mark and there is a likelihood of confusion on the part of the public. This could be the reason for Palmer’s description in the application. Although I am reminded by our franchise team partner (and Chelsea fan) that Palmer naturally scores far more frequently than Rogers. It would be interesting to see how this plays out on the pitch…

Speak to our intellectual property solicitors today

If you have any questions about trademark infringement or wish to discuss any aspects of your brand, please contact Alicia West in our Franchising and Brand Protection team.