Following on the heels of Matthew McConaughey, who registered his “Alright, alright, alright” catchphrase, Taylor Swift is reported to have filed trade mark applications in the US covering voice clips such as “Hey, it’s Taylor” and a promotional image from her Eras tour.
In the UK, Jeremy Clarkson has registered a series mark containing two specific images, Cole Palmer has registered one image, and an application by Luke Littler for one image is currently pending. There is no reason in principle why an individual cannot apply to register their image, or even a video or audio clip, as a trade mark in the UK. In the EU, Dutch model Maartje Verhoef has succeeded in registering an image of herself as a trade mark, whilst an application by Jan Smit is still pending.
There are some question marks over the extent to which these trade marks can protect against images or
sounds that are not identical to the trade mark which has been registered, or which are not piggybacking on, or tarnishing, their reputation. However, they could be a useful tool against commercially driven clones, particularly where they cover recognisable and distinctive features such as a well-known soundbite or promotional image. They also potentially have deterrent value.
In the UK, trade marks can become vulnerable to challenge if they are not used for the goods and services for which they have been registered. They can also be challenged on bad faith grounds if they are registered without any genuine intention to use them. It is therefore important to consider the scope of protection sought very carefully, as well as how the trade marks will be used. The fact that individuals are considering registering elements of their persona as trade marks is perhaps also indicative of the fact that the UK does not have a standalone right of publicity or personality, unlike other jurisdictions. Existing protection for digital reproductions relies on a patchwork of rights such as passing off, misuse of private information, misuse of personal data and defamation. The recent government report on AI and copyright indicates that the government is considering introducing standalone personality rights protection.
In the meantime, however, we are advising a number of clients on generative AI and protection against digital replicas, and specifically on trade mark protection for names, images, likenesses and voices, and the use of them in AI training and outputs.
Do please reach out to our IP team if you would like to discuss this topic further.
Shireen advises on all types of intellectual property, with a particular emphasis on pragmatic and cost effective disputes and strategic advice. She also provides advice on the protection of IP, IP audits, the exploitation and disposal of IP and the management and enforcement programmes. Her 30 years’ experience means that she is a trusted adviser to many leading businesses and has deep and strong experience in a number of sectors and issues.
Shireen works with clients in a wide range of sectors, including FMCG, retail, fashion, film, TV and theatre, publishing, music, video games and travel. She has a particular interest in the publishing industry (advising a number of leading publishers, authors, literary estates and content platforms) and in cutting edge issues such as the intersection between AI and IP.
Shireen has been listed as both a recommended IP lawyer and a recommended publishing lawyer by Chambers and The Legal 500 for many years. She has been ranked by IP Stars as a 'Top 250 Women in IP 2025', 'Trade mark star 2025', and 'Transactions Star 2025'.
Shireen was a council member of the Advertising Standards Authority, adjudicating on advertising complaints, for six years. She currently sits on the Portman Group Independent Complaints Panel and the Games Rating Authority Appeals Panel.
She, along with the trade mark attorney team, provides advice on all aspects of trade mark law, including clearance, filing and prosecution of trade marks, domestic and overseas portfolio management, and contentious trade mark proceedings before the Intellectual Property Offices. She also manages design portfolios. Sharon has experience of managing global portfolios across a range of industries, including media, arts, entertainment, telecommunications and consumer goods. She works with a wide range of clients, from multinational corporations to SMEs and entrepreneurs.
Sharon has been recognised in Who’s Who Legal as among the world’s leading trade mark attorneys, based on client and peer review. She has been credited in The Legal 500 as a ‘key lawyer’, recognised as a ‘rising star’ and ‘notable practitioner’ in the IP Stars publication, and is ranked as one of the ‘world’s leading trade mark professionals’ in the World Trade Mark Review 1000 publication.
She has also provided commentary on trade mark stories for a number of news publications, including The Telegraph, The Guardian, The Daily Mail, The Huffington Post, City A.M., The Mirror, Global Legal Post, The Lawyer and World IP Review. Details of which can be seen below. She is also a frequent commentator for the World Trademark Review and CITMA Review industry publications. Her most recent article on the impact of AI for trade mark attorneys was featured as a cover story for the CITMA Review. As well as this, Sharon tutors a residential revision course on trade mark law for trainee patent attorneys, which runs yearly.
Sharon is a member of the Chartered Institute of Trade Mark Attorneys (CITMA) and is a member of the Education, Qualification & Standards (EQS) Committee.
Robin advises on every stage of trade mark practice from pre-filing clearance and trade mark prosecution through to post-registration maintenance, monitoring and enforcement. Robin also has experience planning and executing global international filing strategies. Robin has a particular interest in registered and unregistered design rights and is developing his practice in this area.