Freezing the Moment: Palmer's Shivering Celebration is Trade Mark Gold

'Cold' Palmer

Cole Palmer's decision to trade mark his nickname and signature 'shiver' goal celebration highlights how athletes are expanding their personal brands and identity through IP.

By registering a multimedia trade mark - a video of the celebration - Palmer goes beyond traditional name or logo marks of his predecessors, reflecting a shift towards digital and experiential branding.

This innovative brand strategy programme is an evolution from the more conventional, analog-centric commercialisation of the past such as merchandise, product licensing, and endorsements.

Owning a brand asset like a celebration enables him to leverage technology and commercialise (and also protect) this IP in more innovative and creative ways including video games, the metaverse, collectables, AR, VR, AI, avatars and social.

This positions him ahead of the curve, tapping into digital cultural experiences that resonates with a digitally lead generation.

Multimedia Marks

Multimedia marks form part of the family of so-called non-traditional (or exotic) trade marks.

In 2023 only 493 of 148,586 (0.3%) of trade marks registered in the EU were exotic trade marks.

While there are clear registration challenges to overcome: distinctiveness, territory, and ownership (other players have similar celebrations), the benefits are significant, not least first-mover advantage.

While the mark won't stop other players mimicking or paying homage to the celebration on the pitch (that's not how trade marks work), it would grant exclusive commercial rights to various goods and services (toy submarines included) which would prevent others doing the same or similar without permission. Indefinitely.

Something clearly worth protecting.

Exotic Trade Marks

Unlike traditional marks which focus on words, images and logos, exotic trade marks are unable to be graphically represented:

• Sounds and jingles-Netflix's 'tadum' sound/MGM Lion's Roar/McDonald's 'I'm lovin it'
• Colours-Cadbury purple/Tiffany blue
• Shapes-the Coca Cola bottle shape
• Scents-Crayola crayons
• Multimedia-holograms, motion logos, and animations

Multimedia companies have been registering these marks for years.

Only now this trend has shifted to creators looking to own brand assets and moments that engage their audience.

The future of IP ownership

Lead by how content is now consumed, we continue to see a noticeable shift of athletes positioning themselves as creators and taking ownership of their storytelling and cultural moments.

As digital ecosystems and technology continues to grow, expect more athletes and creators to register personalised gestures, assets, moments and digital avatars as trade marks.

In 2025 and beyond, creative IP ownership is set to boom, with Palmer's celebration mark serving as a blueprint for future branding strategies.

My top 5 goal celebrations (in no particular order): 1. Bebeto, 2. Klinsmann, 3. Bullard, 4. Gazza, 5. Milla.