Models, influencers, actors, and media personalities are increasingly inclined to legally protect their image using intellectual property tools.

EUIPO recognizes that faces of people or photographic representations of people can be perceived as an indication of commercial origin for goods and services.

However, registering a trademark of this type is neither simple nor guaranteed: the assessment of distinctiveness in relation to the claimed goods and services represents a significant obstacle to overcome during the registration process.

The recent case of Matthew McConaughey registering his face and voice as a trademark in the USA to combat unauthorized use of generative AI is not the first one. Many media personalities have already registered their “distinctive elements” and likeness.

Jeremy Clarkson (presenter of Top Gear and The Grand Tour) did exactly that in the UK and EU, commenting: “It’s not just my ego running amok. It’s an AI thing…”  (Source: https://uk.news.yahoo.com/jeremy-clarkson-takes-stand-against-080000686.html).

In 2023, the EUIPO initially rejected a figurative trademark application (EUTM n. 018864324) featuring the face of Dutch model Puck Schrover on the grounds of lack of distinctiveness…

The EUIPO considered the face to be a common representation of a young woman, without unique elements that would indicate commercial origin, despite the model’s fame with brands like Chanel and Dior.

The applicant appealed the EUIPO’s decision, proving the intrinsic distinctive character of her mark as an indication of personal services. The trademark was registered.

This is not the first time EUIPO examiners have rejected applications of this kind.

In 2020, model Maartje Verhoef had to appeal to obtain a registration of her  figurative trademark consisting of the image of her face (EUTM n. 014679351).  Other trademarks of the same type have been registered by the EUIPO. For example, those featuring the faces of models Rozanne Verduin (EUTM n.017358458) and Yasmin Wijnaldum (EUTM n.017953534).

The EUIPO recognizes that faces of people or photographic representations of people can be perceived as an indication of commercial origin for goods and services.

However, registering a trademark of this type is neither simple nor guaranteed: the assessment of distinctiveness in relation to the claimed goods and services represents a significant obstacle to overcome during the registration process.