Cole Jermaine Palmer, more commonly known as “Cold Palmer”, is the talisman of the London-based football giants Chelsea FC.
Despite temperatures of around 30°C, Palmer had fans throughout the MetLife Stadium crossing their arms and rubbing them up and down in a shivering motion after each of his goals in Chelsea’s recent Fifa Club World Cup final triumph.
Palmer’s signature shivering celebration has become a global phenomenon ever since he debuted it in December 2023. It has found its way onto Grand Slam and NBA courts, Olympic tracks, graduation stages, and now even into the UK and EU trade mark registries.
After firmly cementing the celebration as his own on the pitch, Palmer is now looking to monopolise its commercial use off the pitch by filing trade mark applications for it – in the form of a so-called motion mark.
Motion marks – the how
A motion mark is a type of “non-traditional” trade mark. When the first piece of formal trade mark legislation was passed in the UK – the Trade Marks Registration Act of 1875 – the only recognised types of marks were names, signatures, and devices (logos).
At the same time, the beautiful game of football (as we know it today) was still in its infancy, and one would have been hard-pressed to witness a celebration that wasn’t a simple raise of the arms or group hug.
Trade marks – like football celebrations – have evolved over the years. The current UK Trade Marks Act of 1994 recognises not only “traditional” marks, such as those listed in the 1875 Act, but also non-traditional marks like colours and sounds, opening the door to motion marks like Palmer’s.
The current definition of a trade mark requires that it be “capable of being represented in a manner which enables the registrar and other competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the proprietor” (Section 1(1)(a), Trade Marks Act 1994).
Palmer’s lawyers sought to satisfy this requirement by submitting a video of the player himself performing the celebration – rendered in black and white, as a mark in monochrome is deemed to cover all colours – along with the following endorsement:
“The trade mark is a short video sequence, approximately 1.5 seconds long, which depicts the professional footballer, Cole Palmer, with his arms crossed across his torso, performing a shivering motion by rubbing his hands up and down his upper arms repeatedly.” (Trade mark no. UK00004129108, UKIPO).
The application in the UK is still under examination and it remains to be seen whether it will proceed to registration. The EU application was accepted by the EUIPO and has been published for opposition purposes.
South African context
Chelsea’s number 10 can also attempt to monopolise his celebration in the South African market. The South African Trade Marks Act 194 of 1993 allows for “non-traditional” trade marks to be registered, but requires that the mark be capable of graphical representation.
In February 2009, the Registrar of Trade Marks published guidelines for the lodging of non-traditional trade marks. These guidelines are now part of the official Guidelines on the Examination of Trade Mark Applications of the South African Companies and Intellectual Property Commission (CIPC).
Kim Rampersadh 27 Jun 2025 In addition to motion marks, the Guidelines address the graphical representation of nine other types of non-traditional marks:
- three-dimensional marks;
- colour marks;
- holograms;
- position marks;
- gesture marks;
- sound marks;
- olfactory (smell/scent) marks;
- taste marks; and
- texture marks.
For Palmer’s shot at securing a motion mark registration to have a real chance of going in, it must be accompanied by the following:
- a series of still images of the mark;
- a detailed written description specifying the chronological order of the still images, outlining the nature of the mark, and explaining its movement; and
- a recording of the mark itself, typically in digital format.
Through these submissions, an examiner must be satisfied that the mark can function as a trade mark – in other words, that it is capable of distinguishing Palmer’s goods and services from those of other traders.
Additional factors also come into play, such as whether the mark is confusingly similar to prior registered trade marks or earlier trade mark applications.
Nishaat Slamdien 23 Jun 2025 Motion marks – the why
Assuming that Palmer’s motion mark is accepted and registered, the question becomes what rights he actually gains, and how they can be enforced.
Palmer has recognised the growing commercial value of both his image and his celebration, and registration of his motion mark would maximise his ability to control how representations of him performing the celebration are used. He would be granted the exclusive right to exploit his celebration commercially, as well as challenge its unauthorised use by other traders in the marketplace.
His applications cover a wide range of goods and services, strategically selected to ensure that the “Cold Palmer” brand is protected across key commercial sectors, including apparel and clothing, alcoholic beverages, soaps, razor blades, vehicles, sporting equipment, as well as media and entertainment.
However, a trade mark registration would not allow him to prevent non-commercial uses of the celebration, meaning that fans and rival players will remain free to cross their arms and rub them up and down in a shivering motion whenever they too find the back of the net.
Join the squad
At the time of writing, Palmer appears to be the only player who is currently seeking – or has ever sought – to protect a goal celebration as a motion mark. This is somewhat surprising, given that the world is still “SIUUU”-ing ever since a certain Cristiano Ronaldo debuted the celebration – coincidentally against Chelsea – in August 2013, a decade before the nickname “Cold Palmer” was born.
It would be even more surprising if that remains the case in 2033, considering that a motion mark for one’s celebration could unlock potential endorsement deals, branded merchandise, and a legacy that extends beyond the pitch.
In the modern era – where sport, business, and personal branding intersect – don’t get cold feet: file that motion mark.
