Non-traditional trade marks in Australia: Why athletes and celebrities are protecting movements, sounds and voices

Trade marks are usually associated with business names, logos and slogans. But as personal brands become more valuable and generative AI makes it easier to copy a person’s voice, likeness and movements, celebrities and athletes are turning to less conventional forms of trade mark protection.

These include movement marks, sound marks and other non-traditional signs that can identify the commercial source of goods or services. For athletes and entertainers, this is not just about vanity: a celebration, catchphrase or voice cue can be a valuable commercial asset.

What are non-traditional trade marks in Australia?

A trade mark is a sign used to distinguish one trader’s goods or services from another’s.

In Australia, a trade mark can be a word, phrase, image, sound, colour, moving image, shape, aspect of packaging or a combination of these signs.

That means a trade mark does not have to be static. It can be something heard, watched or performed, or even smelt or tasted. If it can distinguish one brand’s goods or services from another’s, it may be registrable.

However, non-traditional trade marks can be harder to register. Movement and sound marks must be clearly described and represented, with the scope of protection precise enough for other traders to understand what has been claimed.

For a movement mark, this may mean providing a video file or sequence of images. For a sound mark, it may mean an audio file, a clear description and a musical score. The more unusual the sign, the more important it is to show that consumers recognise it as a badge of origin.

Motion marks: can an athlete trade mark a goal celebration?

Cole Palmer’s trade mark strategy is a good example of how athletes are thinking beyond names and shirt numbers. The English footballer has filed trade mark applications for “COLD PALMER” and a mark based on his well-known shivering goal celebration. The mark depicts Palmer crossing his arms across his torso and rubbing his hands up and down his upper arms in a shivering motion.

This matters because the celebration itself has become shorthand for Palmer’s personality, playing style and commercial identity.

Palmer is not alone. Kylian Mbappé has taken steps to protect a logo depicting his crossed-arms celebration, as well as his surname, initials and well-known phrases. Lionel Messi won a lengthy European trade mark dispute over “MESSI” for goods including clothing, footwear and sporting articles. Cristiano Ronaldo owns registrations for “CR7”, including for clothing and entertainment services. Usain Bolt has also secured trade mark protection for his famous lightning-bolt pose.

The point is not to stop other athletes, or kids in the playground, from copying a celebration after scoring a goal or winning a race. The commercial reason is more practical: these signs can be licensed for apparel, sporting goods, video games, digital content, advertising, toys and merchandise. A player’s celebration can become as recognisable as a club crest or sponsor logo.

Movement marks in Australia: Toyota’s “Oh, What a Feeling!” jump

Movement marks are already part of mainstream branding in Australia. Toyota’s “Oh, What a Feeling!” jump is one of the best-known examples. Toyota has registered several variations of the jump as movement marks, each with its own image description and short video.

The Toyota example shows why motion marks can work. Many Australians associate Toyota not only with its name and logo, but also with the iconic jump at the end of its television ads.

Although no Australian athlete appears to have registered a motion trade mark for a celebration yet, it is not difficult to imagine how one could emerge. If a celebration became as well known as Lleyton Hewitt’s “C’mon” four finger fist pump or Tim Cahill’s corner flag boxing routine, and was consistently used, promoted and licensed in connection with merchandise or endorsements, it could start to function as a brand identifier.

Sound marks: can you trade mark your voice?

Sound marks are another increasingly important category, with some being long-established corporate assets in the media industry. The Twentieth Century Fox fanfare is one of the most recognisable sounds in cinema history. The Tetris theme is another example of a sound strongly associated with a brand, particularly in computer games.

For celebrities, the question is whether a distinctive voice or spoken phrase can do the same job of identifying the source of goods or services.

Matthew McConaughey has secured a US sound mark for his famous “Alright, alright, alright” phrase from Dazed and Confused. The registration reportedly describes not just the words but the way they are spoken, including pitch differences between syllables.

Taylor Swift has also filed US trade mark applications for sound marks covering audio clips of her saying “Hey, it’s Taylor Swift” and “Hey, it’s Taylor”, as part of a broader strategy to protect her voice and likeness from AI misuse.

This is significant because, historically, singers relied heavily on copyright to protect sound recordings and musical works. But AI can now generate a new recording that sounds like an artist without necessarily copying a particular track. Trade mark filings may offer another avenue where the imitation is used commercially and creates confusion or suggests endorsement.

How is AI driving trade mark protection of voice and likeness?

Generative AI has changed the risk profile for personal brands. A person’s face, voice, mannerisms and gestures can now be reproduced at scale. This creates real risks for celebrities and athletes whose income depends on endorsements, sponsorships and licensing.

A fake advertisement using Taylor Swift’s voice, a synthetic video of Matthew McConaughey endorsing a product or an AI-generated avatar performing Cole Palmer’s celebration could mislead consumers and damage valuable commercial relationships.

Trade marks will not stop every deepfake, because they are not a general right to control a person’s identity. However, they may be a useful additional tool where a protected sound, movement, phrase or image is used in trade to sell goods or services, or to suggest a connection that does not exist.

Key takeaways for businesses

Businesses should be careful before using a celebrity’s image, voice, gesture or catchphrase in advertising, merchandise or AI-generated content. Using AI to generate the content does not make it risk-free. There may be legal exposure if the use suggests endorsement, affiliation or sponsorship, or if it uses a registered trade mark.

For athletes, creators and public figures, the lesson is just as important: if part of your identity has become commercially recognisable, consider protecting it before others try to monetise it.

Businesses looking to protect brand assets should look beyond word and logo marks. A distinctive colour, sound or moving image may also be capable of protection.

How MK can help

Trade mark protection is no longer limited to names and logos. For celebrities, athletes and brands, a voice cue, celebration or short movement can carry significant commercial value. As generative AI makes personal brands easier to copy, protecting those assets is becoming a more important part of brand strategy. Identifying what is distinctive about your brand, and protecting it early, is the best starting point.

Macpherson Kelley’s Intellectual Property team assists businesses, creators and public figures with trade mark strategy, non-traditional trade mark filings, brand protection, licensing and enforcement. If your brand includes a distinctive sound, colour, movement, phrase or visual identity, we can help you assess whether it can be protected and how best to commercialise it.

The information contained in this article is general in nature and cannot be relied on as legal advice nor does it create an engagement. Please contact one of our lawyers listed above for advice about your specific situation.