The recent application by Luke Littler to protect an image of his face as a trade mark in the UK has understandably attracted a lot of media attention. Whilst filing trade mark applications for portrait images is still something of a novelty, the application is likely to represent more than a creative attempt at brand protection, but rather a strategic response to the rapidly evolving threat posed by AI.

Whilst it has long been the case that celebrities have sought to protect their names, nicknames, and occasionally sayings/catchphrases or famous poses, celebrities are now having to get more creative with how they protect their likeness in view of the increasing use of AI to generate and exploit celebrity likenesses in commercial contexts. Trade marks are therefore being used in the UK as a way to bridge the gap between the fragmented protection that currently exists for celebrities in the absence of a standalone image right.

That said, trade mark protection is not absolute. It does not confer a right in the image in the abstract, but rather its use as a trade mark, i.e. as a badge of origin. Luke Littler’s application (UKTM No. UK00004350490) covers Classes 9 (games, software, downloadable media), 11 (lights for dartboards and dartboard cabinets), 14 (jewellery, watches), 16 (stationery, stickers), 18 (luggage, accessories for pets), 25 (clothing, headwear and footwear), 28 (sporting articles, toys and games, Christmas trees and decorations), 30 (various food items), 32 (beers and non-alcoholic beverages), 35 (advertising, retail services) and 41 (entertainment, education), which suggests a deliberate attempt to secure broad commercial coverage, particularly in merchandising and promotional contexts where AI misuse is most likely to arise.

When is it bad faith?

Whilst celebrities can certainly seek to register their facial image as a trade mark in the UK, the UKIPO requires that applicants are either using the trade mark or have a bona fide (good faith) intention to use it in relation to the goods/services applied for. Where the sole purpose of a celebrity facial image application is to obtain a defensive registration to stop others using the image/likeness, the application or any resulting registration might be vulnerable to opposition/invalidation on the grounds that it was filed in bad faith.  The decision to file trade mark applications for facial images should therefore not be taken lightly, and celebrities should ensure that they have a genuine intention to use their likeness as a badge of origin in a commercial context before seeking trade mark protection.

Is a facial image considered distinctive?

Another hurdle may be the inherent registrability of a facial image as a trade mark. As with any application, the UKIPO will assess whether the applied-for mark is sufficiently distinctive so as to enable users to identify it as an indication of origin (and thereby fulfil its function as a trade mark).  In November 2025, an application for a portrait image of Cole Palmer (UKTM No. UK00004129121) successfully reached registration, though it is impossible to know whether any objections to the inherent distinctiveness of the mark were encountered and subsequently overcome. Whilst it would therefore seem that the distinctiveness requirement may be surmountable for individuals with reasonable levels of fame/recognition, it begs the question: how much fame is enough?

Inconsistent Practice: Lessons from the EUIPO

Before the EUIPO, the approach to facial images certainly hasn’t been consistent thus far, with the EUIPO initially refusing an application to register the face of Dutch model Puck Shrover (EUTM No. 014679351), on the basis that the mark was deemed to be a natural representation of a young woman’s head/face, lacking distinctive characteristics, and therefore incapable of indicating commercial origin.  This decision was eventually overturned on Appeal (Case R 2173/2023-4) and protection was granted for a wide range of goods and services.

A similar case before the EUIPO Grand Board of Appeal concerning an EU trade mark application filed for an image of Jan Smit, a Dutch singer, TV host and actor (EUTM No. 014711907) is currently pending.  The application was filed in 2015, and provisionally refused in 2016, on the grounds that the mark was descriptive and non-distinctive. In particular, it was held that a facial image would be perceived by the average consumer as decorative or promotional, rather than as an indication of trade origin. The Appeal has reached the Grand Board of Appeal in view of inconsistencies in the approach taken by the EUIPO, with specific mention being made of the above-mentioned case concerning the application for an image of Puck Shrover.  The Grand Board will soon provide further guidance as to the characteristics a facial image might require to be considered distinctive enough to be registrable as a trade mark.

Whilst the law is still developing, I expect we will see quite the transformation in this area in the coming years as more of these sorts of marks are applied for and, ultimately, tested in enforcement.

Use It or Lose It: A Practical Challenge

Even if a celebrity is able to register a facial image as a trade mark, important consideration must be given as to what constitutes use of said image. In the UK and EU, a trade mark becomes potentially vulnerable to non-use cancellation, and subject to proof of use requirements, once it has been registered for a period of 5 years. It is unclear at this stage what might constitute genuine use of the protected image in respect of the goods/services covered by the registration, though there is certainly a risk that use of a celebrity’s face on merchandise will be considered merely decorative, rather than genuine trade mark use.

Watch This Face

Whilst seeking protection for facial images isn’t new, it isn’t yet widespread. However, this may be changing. Celebrities are increasingly looking for ways to protect their identity as a commercial asset, particularly in an economy that readily monetises visibility through advertising and endorsements.

With a small number of high profile individuals already paving the way, it seems likely that we will see a growing number of applications for facial images in the coming years.

Watch this face!