FROM TALENT TO TRADEMARK : Turning an Athlete’s Name Into a Business Asset
By Princess Oriarebun
In modern sports, an athlete’s identity can become a powerful commercial tool. A name, nickname, jersey number, slogan, or signature celebration can function as a brand capable of legal protection. When an athlete trademarks these elements of their identity, they secure exclusive rights, prevent unauthorized use, and unlock profitable licensing opportunities.
Legal Basis
Athletes can protect their names and associated symbols under trademark law. In Nigeria, the Trademarks Act provides exclusive rights and protection for well-known marks. In the UK, the Trade Marks Act allows personal names as trademarks and offers remedies against infringement
Notable International Cases
- Lionel Messi – EUIPO Case
Messi’s application for “MESSI” was initially rejected due to similarity with “MASSI.” The General Court reversed this decision, ruling that his global fame reduces confusion.
- Usain Bolt – “Lightning Bolt” Pose
Usain Bolt registered the silhouette of his iconic victory pose as a trademark for goods and services.
Why Athletes Should Trademark Their Names
- Brand Control: Protect against unauthorized merchandise and endorsements. 2. Licensing Revenue: Monetize clothing, accessories, media content, and digital products.
- Image Protection: Guard against impersonation, misuse, and misleading associations. 4. Global Presence: Ensures consistent brand identity across markets.
Common Challenges
- Names that are too generic or common.
- Conflicts with earlier or similar trademarks.
- Oppositions filed by businesses with existing rights.
- Loss of distinction if the mark becomes too broadly or loosely used.
Conclusion
As athletes grow in fame, their names and identities evolve into high value commercial assets. Successfully protecting these assets through trademark registration helps secure long term revenue and strengthens brand integrity. This is where professional guidance becomes essential. A law firm experienced in intellectual property and sports branding can help athletes navigate registration, negotiate licensing deals, resolve disputes, and build a strong global brand strategy
Resources
Trademarks Act, Cap T13 LFN 2004 , Trade Marks Act 1994 , Sky Sports , Lexology .