Can You Trademark a Pose?
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June 14, 2025
Some celebrities are remembered not just for their talent but for the iconic images or moves that define them, like Michael Jackson’s iconic moonwalk or Michael Jordan's basketball dunk. These signature moves have propelled their fame and kept their names alive in the media.
Notable French soccer player Kylian Mbappé became prominent for his iconic celebratory pose, depicting him crossing his arms and tucking his hands under his armpits. His commercial potential incentivized him to register his cross-armed pose, among other trademarks, such as his famous saying, "Moi tu m'parles pas d'âge" (Don't talk to me about age) and "Le football il a changé" (Football has changed).
His request reached formality on February 8, 2024, before the European Union Intellectual Property Office (EUIPO).
Image courtesy to The Conversation.
Mbappé isn't the first athlete to trademark his image. Athletes such as Usain Bolt, Lionel Messi, and Cristiano Ronaldo have also trademarked themselves. By securing trademarks, celebrities gain control over how their name, likeness, and branding are used and ensure that any commercial use directly benefits them. After all, logos and symbols are powerful tools that distinguish their brand in a crowded market.
But how can a pose become a brand?
Though many celebrities have trademarked their poses and turned their attributes into a brand, it doesn't always limit the public from using them. A person can do the pose without risking liability because body movements cannot technically be trademarked.
However, a pose registered as a brand won't be able to be used for commercial gain without the trademark holder's permission and compensation. If a person or company uses a trademark for commercial gain without permission, it could be considered trademark infringement.
Evaluating the originality of a pose also plays a key role. Generic poses such as pointing a finger or standing still wouldn't likely register as trademarks because they hold no distinct feature. In other words, basic poses can be associated with anyone. Thus, registering a signature pose as a trademark must be precisely defined to ensure clarity and demonstrate its uniqueness.
In Mbappé's case, legal recognition affirms that specific attributes, such as his pose, name and slogans, are distinctive enough to serve as brand signifiers. So, if you come across cosmetics, sports gear, bags, toothpaste, jewelry, or kids' toys stamped with a celebrity's name, chances are they're earning a hefty sum from it.