Is Footballers Trademarking Themselves The Way Forward?

By Maxwell Kablan

The commercialisation of football has grown rapidly in recent years. While clubs and competitions have explored ways of increasing their growth and revenue, players are now also looking for new ways to make themselves more marketable. One pattern which has emerged in recent years is players acquiring their own trademarks, in order to account for more protection over their rights.

This article will assess the current trends with footballers trademarking themselves, the legal implications of this and finally, what to expect in the future.

Current Trends

Trademarks are a form of intellectual property which can offer great benefits for footballers. In the UK, they can last indefinitely if they are renewed every 10 years [1] and this also follows in the European Union. [2] When filed, trademarks can give footballers full protection over their brand by preventing against unauthorised use, while also giving them the platform to exploit commercial opportunities. [3]

One emerging trend has been footballers trademarking their names and initials. Cristiano Ronaldo is a pioneer in the space, famously trademarking his CR7 brand with the European Union to cover a wide range of products such as clothing, footwear and fragrances. [4]

This is a pattern which a growing number of elite players have started to follow. Real Madrid midfielder Jude Bellingham trademarked his name in the United Kingdom to cover almost 1000 goods and services, even covering items such as teddy bears, umbrellas and Christmas crackers. [5] Bellingham has the license to take legal action against anyone who uses his brand without his permission while also selling the license to whoever wishes to use his name. [6]

Some players have gone a step further and have trademarked their own celebrations. French forward Kylian Mbappe trademarked a logo demonstrating his ‘crossing arms’ celebration in the European Union, where companies will have to pay Mbappe to have their products displaying his celebration as well as his name and initials. [7] Likewise, Chelsea midfielder Cole Palmer has recently trademarked his ‘cold’ celebration under the UK Intellectual Property Office (IPO) in a move which will allow him to benefit commercially from the growing popularity of his celebration. [8] Additionally, Barcelona midfielder Dani Olmo trademarked his signature ‘watch’ celebration with the European Union Intellectual Property Office (EUIPO), offering exclusive protection to cover a range of products.

These examples demonstrate the ways footballers are currently exploiting trademarks for their own commercial gain. But what are the legal implications of this?

Legal Implications

There are many legal implications players should consider when registering a trademark. The general benefit of trademark registration is that it offers players broader protection compared to unregistered brands. [9] In UK IP law specifically, the alternative to registering a trademark would be to rely on the general test of passing off, which is when an individual falsely represents a logo, name or brand which belongs to another party. [10] However, this test is generally dependent on case facts so this right may not arise automatically [11], and players may therefore seek trademark registration for greater protection.

For players who wish to trademark themselves, it is important that the trademark is shown to be distinguishable from others. [12] With names, they are genuinely harder to show distinctiveness, but players could combine a name with their initials, letters or a logo to make it more distinguishable from other brands. [13]

Players trademarking their celebrations is generally a new concept and a way for players to further maximise control over brands who wish to use their celebrations on their products, rather than to stop other players from performing the same celebration. [14]

However, there are things which players will need to consider before launching trademark infringement cases against businesses. For instance, if players launch cases against player fan forums which may feature their celebration or logo, this could significantly harm player-fan relations and cause fans to feel alienated. [15] Therefore, players will need to ensure they consider with great care about whether to proceed with an infringement.

What Can We Expect In The Future?

It seems likely that as footballers look for more ways to improve their commercial profiles, trademarks will continue to grow in popularity. Top level players will have branding and IP teams who will look to maximise their players’ global scope, and this trend may continue to grow across elite football.

The trend towards players trademarking celebrations reflects a revolutionary move, which could become a lot more common. However, the trademark boom may be limited to the elite players, as players outside of the top football leagues will not have the same global recognition. Nevertheless, it will be interesting to see how footballers’ trademarks develop in the future.

 Sources

[1] Gov.UK ‘Renew your trademark’ https://www.gov.uk/renew-your-trade-mark#:~:text=Trade%20marks%20must%20be%20renewed,your%20trade%20mark%20by%20post. Last accessed 28th February 2025.

[2] EUIPO. ‘FAQ: Renewals- EUIPO- European Union https://www.euipo.europa.eu/en/help-centre/forms/faq-renewals last accessed 28th February 2025.

[3] LawInSport, ‘The Lifecycle Of An International Athlete – Dealing With Branding And Image Rights’, https://www.lawinsport.com/topics/blogs/item/the-lifecycle-of-an-international-athlete-dealing-with-branding-and-image-rights last accessed 28th February 2025.

[4] Brandon IP, ‘Trademarks: Cristiano shines in his underwear’ https://www.brandon-ip.com/cristiano-shines-in-his-underwear/#:~:text=Soccer%20player%20Cristiano%20Ronaldo%20owns%20several%20trademarks,his%20name%2C%20for%20various%20products%20and%20services. last accessed 28th February 2025.

[5] The Athletic, ‘Jude Bellingham’s eccentric trademarks: Christmas crackers, teddy bears and pinatas https://www.nytimes.com/athletic/5257196/2024/02/08/jude-bellingham-real-madrid-trademarks/ last accessed 28th February 2025.

[6] Ibid.

[7] City University of London, ‘Kylian Mbappé has trademarked his iconic goal celebration – why a pose can form part of a player’s protected brand’ https://www.citystgeorges.ac.uk/news-and-events/news/2024/march/kylian-mbappe-trademarked-iconic-goal-celebration-why-pose-form-part-players-protected-brandlast accessed 28th February 2025.

[8] Mills & Reeve ‘Footballers, goal celebrations and trademarks – what’s it all about?’ https://www.mills-reeve.com/publications/footballers-goal-celebrations-and-trade-marks-what-s-it-all-about/ last accessed 28th February 2025.

[9] Ibid.

[10] Stephensons, ‘Passing off- intellectual property law https://www.stephensons.co.uk/site/businesses/srvcommercial/intellectual_property/passing-off/ last accessed 28th February

[11] n(8)

[12] LawInSport, ‘How to choose, protect and enforce trademarks as a professional athlete’ https://www.lawinsport.com/topics/item/how-to-choose-protect-and-enforce-trade-marks-as-a-professional-athlete-the-view-from-germany last accessed 28th February 2025.

[13] Ibid.

[14] n(8).

[15] n(7).