Introduction
When Viktor Gyökeres scores, he raises both hands to his face and forms a mask. It lasts a few seconds. But it is also a registered EU trade mark, covering nine classes of goods and services, from cosmetics and clothing to downloadable software and entertainment.
Gyökeres is not the only footballer turning a goal celebration into a protected commercial asset. And this is no longer unusual. It is becoming strategy.
Can a Goal Celebration Be a Trade Mark?
Yes — but only in the right circumstances.
Under EU trade mark law, a mark can be any sign capable of distinguishing goods or services and being represented clearly and precisely. A goal celebration can meet that threshold, provided it is distinctive, strongly associated with a specific player, and capable of being captured in a clear, self-contained form.
Most celebrations will not qualify. A fist pump or a knee slide is too generic. But a gesture that the public consistently associates with one individual ,and that functions as a badge of commercial origin, can carry real legal weight.
Who Has Done It?
The list is growing.
Kylian Mbappé registered his arms-crossed celebration as a figurative mark at both the French INPI and the EUIPO. Cole Palmer’s filing is perhaps the most instructive. Through his management company, Palmer Management Limited, he registered both his “Cold Palmer” nickname and his signature shivering celebration. The celebration was filed as a motion mark — a video clip of the full gesture — rather than a static image. That choice has real implications, which we will come to.
Figurative Mark or Motion Mark?
This is not just a filing formality. It is a strategic decision that affects scope, enforceability, and commercial use.
A figurative mark ,the approach taken by Gyökeres and Mbappé , protects a specific visual representation, typically based on a photograph or stylised image. It is easier to register, since the representation is clear by nature. But its scope is limited to that particular image. If the celebration is really about the movement, a still frame may not capture the full commercial value.
A motion mark ,as used by Palmer , captures the gesture in its entirety through a video sequence. It is harder to register, since the representation must meet stricter requirements around clarity and precision. But if accepted, the scope of protection is arguably broader.
The right choice depends on how the mark will be used commercially and how it may need to be enforced.
An image-based mark works well for merchandise and packaging. A motion mark may be more effective against unauthorised use in digital content, advertising, or video.
What the Protection Actually Does
A common misconception is that trade marking a celebration means other players or fans cannot perform the same gesture. That is not the case.
Trade mark rights operate in the commercial sphere, not on the pitch.
What the registration does is give the owner the exclusive right to use the mark in connection with specific goods and services. It allows the player to control the use of the celebration on merchandise, license it for branding and endorsements, and take action against unauthorised commercial exploitation.
If a third party starts printing a player’s signature celebration on clothing or using it in advertising without permission, a registered trade mark is a powerful enforcement tool. Without one, the player would need to rely on a patchwork of other rights , passing off, image rights, or copyright none of which offer the same scope or certainty.
Class Selection: Reading the Commercial Roadmap
One of the most revealing aspects of any trade mark filing is the specification of goods and services. This is where the applicant’s commercial ambitions become visible.
For example, Gyökeres’ EUTM covers cosmetics and perfumery, electronics and downloadable software, jewellery and watches, printed matter, leather goods, textiles, clothing and footwear, sporting goods, and entertainment services. That is not a defensive filing to prevent misuse. That is a consumer brand roadmap from fragrances and fashion to apps and media.
The breadth of the goods descriptions within each class further suggests that the specifications were drafted with future licensing flexibility in mind.
However, broad specifications carry risk. Palmer’s initial application included wine-related goods and was partially opposed by Château Palmer, a French winemaker, forcing an amendment.
Broad filings maximise protection but also increase the surface area for opposition from existing right holders. Drafting the right specification is a balancing act between ambition and defensibility.
Timing Is the Strategy
The strongest filings share a common feature: they are made early.
Gyökeres filed in January 2025, before his move to Arsenal. Palmer filed while his commercial profile was still ascending.
This approach secures priority before third parties move in and puts the player in control from the outset. Waiting until a celebration is already circulating on unauthorised merchandise is a far weaker position , both legally and commercially.
Why This Matters Beyond Football
The principles at play here are not unique to sport. Any individual whose personal brand carries commercial value ,whether an athlete, content creator, entertainer, or public figure, faces the same questions. What elements of my identity are protectable? When should I file? How broadly? Through which entity?
A goal celebration is simply one of the more visible examples of a broader trend: the professionalisation of personal brand protection through intellectual property rights.
The gesture lasts a few seconds. The right trade mark registration can last decades — as a protected, licensed, and enforceable asset.
This article is for general informational purposes only and does not constitute legal advice.