Insight Trade marks in Sport

A New Brand of Footballer

It is of course good business Premier League footballers Marcus practice for football clubs – as Rashford, Sadio Mané, Mesut Özil major commercial corporations – and David De Gea are among those to protect their name and logos who have registered their names as by way of trade marks. However, trade marks in the UK or EU. Jessie it is now increasingly common for Lingard and Harry Kane have individual footballers to protect protected logo versions of their their own names or brands to names or nicknames, and Paul pursue their own merchandising Pogba and Andrea Pirlo have even opportunities. registered their own signatures.

We have previously written about the different problems faced by Lionel Messi, Cristiano Ronaldo and Neymar da Silva Santos Júnior but we now dig a bit deeper and take a look at other footballers that have applied to protect their own names or brands associated with them.

Some footballers have gone even Even some superstar managers further, seeking to protect trade have got in on the act: Jose mark poses or moves, such as Kylian Mourinho has Registrations of his Mbappé, who has a registration of name, and Liverpool manager an image showing him in his famous Jürgen Klopp has recently filed an crossed-arms goal celebration pose. EU Trade Mark Application

This is in fact something Nicolas for Kloppo. Anelka pioneered back in 1999 with his own silhouette logo. Gareth Bale Protecting your own brand is not also protected a logo of his heart always plain sailing though, goal celebration during his time at particularly if you try to register Spurs. your initials; Mbappe’s KM

April 2020 www.abelimray.com

logo has been opposed by the For footballers and managers, clothing label Karen Millen, and applying early to protect their Sergio Ramos’s SR 15 has been names should be a simple opposed by the luxury lifestyle decision that does not need to go brand Stefano Ricci. to VAR.

There will always be Get in touch to find out how we “entrepreneurs” looking to take assist professional sports players, advantage of the obvious renown There is an advantage in applying clubs and sports management of Premiership and international to protect your name as a trade agents to protect their brands. footballers. As an example, in mark before you become very 2017, an individual filed UK Trade famous. Sir Alex Ferguson filed a Mark Applications for UK Trade Mark Application for his both MARCUS RASHFORD name, but this was refused in HEROES COLLECTION and HARRY 2005 by the UKIPO in relation to KANE HEROES COLLECTION. ‘printed matter, posters, photographs, stickers and Interestingly, both Applications transfers’ as the Office took the were refused by the UK view that the names of famous

Intellectual Property Office people are merely descriptions of (UKIPO), apparently without the the subject matter of the product. Matthew Smith footballers themselves having to Objections of this nature are likely Partner intervene, possibly on the grounds in respect of image carriers such [email protected] that the Applicant had no as posters, calendars, connection to the footballers in photographs, transfers and question. figurines where a famous name is likely to be used to describe the However, in such cases, the brand subject matter of such owner cannot usually rely on the merchandise, rather than being UKIPO to act on their used as an indication of origin: behalf. When UK Trade Mark essentially this means that the Applications for Jamie average sports fan would perceive Vardy / Jamie Vardy an Alex Ferguson poster as sport and Jamie Vardy’s having a referring only to the subject of the party were filed by seemingly merchandise, and not as unrelated third parties, they were originating from Sir Alex. later withdrawn before achieving registration, which is likely to have been prompted by a letter from Vardy’s advisers. Vardy subsequently registered his own name and indeed JAMIE VARDY’S HAVING A PARTY.

April 2020 www.abelimray.com