Shivering this winter? Cole Palmer’s signature shiver and the emergence of motion marks in football

Introduction

Cole Palmer is the latest example of a professional athlete seeking to protect their personal brand. This is nothing new, many elite athletes have trademarked their names to enhance their brands, with David Beckham and Rory McIlroy as examples. Some athletes have also registered figurative trade marks, including Kylian Mbappé and Usain Bolt who have each protected a silhouette image of their signature celebrations.

However, Palmer’s story differs. The Chelsea FC and England international’s core brand identity began as a 21-year-old, when he showed “ice-cold” composure by scoring against Luton Town, accompanying his finish with a shivering celebration. The celebration reflected his effortlessly calm persona, and his nickname “Cold Palmer” emerged, consolidating his signature theme.

Between August and November 2025, Palmer has been granted several of his trade mark applications, including his full name, his nickname “Cold Palmer”, his facial likeness, and his signature. Notably, Palmer also achieved something new by registering the motion of his shivering celebration. This is the first time a footballer has secured a motion mark for a celebration through the 2018 amendment to section 1 of the Trade Marks Act 1994, which allows registration via multimedia files. His successful application is viewable here on the Intellectual Property Office website.

Why has Palmer trade marked his celebration?

Primarily, it provides Palmer greater legal rights over the use of his image and offers protection against a UK commercial entity from using his likeness for commercial benefit. It does not prevent another person or player from performing the same celebration.

The trade mark could facilitate alternative revenue streams for Palmer, including merchandising opportunities and licensing agreements with commercial partners wanting to use his brand. Additionally, it allows for greater powers of reputation management and makes enforcement of his rights against infringing third parties easier.

Significance of a motion mark

While athletes in the UK and EU have previously registered figurative depictions of celebrations as trade marks, Palmer’s motion mark is novel because it distinguishes the movement of the celebration itself from a static image. Usain Bolt’s pose is iconic as a still image, whereas Palmer’s trade mark derives its character from motion. A still silhouette of Palmer’s celebration would arguably lack distinctiveness and hold little commercial weight.

The motion mark will have an impact on third parties wishing to use the celebration for advertising and brand campaigns. It also could affect the use of his image in video games such as EA Sports FC (previously the FIFA video game franchise). Palmer is likely to want his image and celebration in the games to promote his brand, but some form of licensing agreement may still be required.

Requirements for a trade mark – The Trade Marks Act 1994

The Trade Marks Act 1994 provides grounds for the refusal of the registration of a trade mark, including various absolute and relative grounds for refusal.

Relative ground for refusal – Likelihood of confusion

In his application to register “Cold Palmer” as a trade mark, Palmer sought to cover a wide range of products. Some relatively expected, such as toys or snacks; and some less expected, such as concerts, underwater vehicles, and alcoholic beverages. It is not unusual for trade mark applications to be as wide as possible, but this also widens the pool of third parties who may object.

Château Palmer, a winemaker based near Bordeaux, did exactly that, arguing that there was a risk of confusion with their brand. Palmer then amended the application, so that after listing various alcoholic beverages, he expressly excluded wine. The application was subsequently approved.

Absolute ground refusal – “devoid of any distinctive character”

A crucial hurdle to obtain a registered trade mark is that it must be distinctive. Before the celebration was approved, many may have considered that it would not be found sufficiently distinctive. Palmer however has often reiterated that the celebration is his own, and that everyone knows that. Regardless, it is a contentious point, and Palmer’s success provides an interesting precedent for what can be successfully trade marked.

Requirements for a trade mark – Additional points

Originality

Contrary to popular belief, one does not need to be the inventor of a concept or gesture to successfully trademark it.

Palmer has admitted that he copied the shiver from his friend and fellow England International Morgan Rodgers, and many credit NBA basketball player Trae Young (aptly nicknamed “Ice Trae”) as being the first to use it in 2018. Nonetheless, in the UK at least, few football fans can argue that the shivering celebration has become synonymous with anyone other than Palmer.

Geographical Limits

A key difficulty in protecting image rights globally is that a party would generally need to register a trade mark in each country and meet the legal requirements in each jurisdiction.

For example, Palmer may face issues with his motion mark in the US, if the celebration is deemed to be more closely associated with Trae Young. Erling Haaland is an example of a player who has secured a figurative mark of his signature meditative celebration in his native Norway, but he currently would be unable to enforce this protection in the UK.

Takeaways for rights holders

Protecting image rights is something that athletes and their advisers are increasingly focused on. This is reflected by the rise in elite athletes going beyond trade marking their brand names alone.

Younger football players are now being encouraged to create and register their own celebrations as early as possible. Barcelona and Spain prodigy Lamine Yamal was just 17 when he successfully registered a figurative trade mark in the European Union Intellectual Property Office. This trade mark protects his signature “304” celebration, first displayed after scoring as a 16-year-old against France at Euro 2024.

Palmer’s success raises questions about where the threshold lies for a trade mark to be sufficiently distinctive. Nonetheless, it provides precedent for other athletes to trade mark their own motions.

There is also an increased likelihood for disputes. Particularly, issues may arise due to a risk of crossover between a player’s rights and those of third parties, such as football clubs, governing bodies, or commercial partners.

If you would like to discuss anything covered in this article, please get in touch with a member of our Sport, Entertainment and Media team or our Intellectual Property team.

This article was co-authored by Trainee Campbell Kershaw.

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