November 2003
Will rugby-ace Jonny kick off over "trade mark wiggle"?
It appears Jonny Wilkinson may be planning to apply for a trade mark in the series of gestures thereby making his movements literally a "trade mark wiggle". The intended trade mark is a short movement sequence which Jonny uses before taking penalty kicks and includes Jonny's clasped hands and bottom shuffle. Clearly the businesses charged with protecting Jonny's image rights are concerned that others will take unfair advantage of the soon to be Jonny brand and are doing what they can to build property rights which they can either exploit or control the exploitation of.
No doubt there will be a flood of rugby related products hitting the markets before Christmas. Making sure that only Jonny or those representing him officially can use the 'Trade mark wiggle' means that Jonny will be the one to benefit and not imitators.
Once registered Jonny will be able to use his rights to prevent use of the 'trade mark wiggle' in whatever context it appears.
BRIFFA Comment:
It is has been possible for some time now to apply for a trade mark in a gesture with the Patent Office. A detailed description of the movements and result of the gesture are required as are images of the stages for the Patent Office files.
It is a common misconception that only words can be registered as trade marks. This is not the case at all and the Trade Mark Register currently contains such diverse marks as words, images, smells, colours, gestures and sounds. If your business would benefit form any of these forms of trade mark protection please do get in touch and we will be able to advise you in more detail.