The Significance of Trademarking Victory Gestures
Gestures help us express and communicate without words–indicative of a particular emotion, feeling, or behavior. Over centuries, our cultures have developed symbolic gestures and movements that have become commonplace and intuitive–so much so that even infants and toddlers can pick up on them. A simple wave, for example, is a universal way of greeting, saying hello, or sometimes goodbye. Handshakes express camaraderie and often serve as a polite invitation to form a new friendship or acquaintance. Think of all reactionary behaviors subconsciously programmed into our minds–such as applauding, clapping, and giving high fives. We often carry out these gestures instantaneously, without hesitation. What about victory gestures?
Of course, some expressions and gestures have negative connotations. For instance, presenting another person with the middle finger conveys discontent or anger at a person or situation. The thumbs down–a feature added to and then removed from specific social platforms–such as Facebook and Instagram–conveys disapproval. Even when representing a negative feeling, gestures can be a valuable and memorable tool. In the case of the thumbs-down feature on social platforms, it helped curate more precise algorithms for favorite songs on Spotify to give listeners music in alignment with their music taste.
Victory gestures, as one might deduce, are another form of expression, though they typically represent something joyous or celebratory. Sports fanatics understand this concept as a move or series of movements that indicate a win or, in some cases, a loss. As such, victory gestures help fans resonate with the athlete carrying out the suggestive pose. From an athlete’s standpoint, celebratory movements come naturally yet allow fans to get a glimpse of and join in on how they feel at that moment.
Quite notably, one of the most used movements is the victory clasp–where one clasps their hands together and shakes them from side to side–as if rooting.
Victory Gestures
Believe it or not, victory gestures happen everywhere, unconsciously or subconsciously.
What does your body do when you bite into a remarkably delicious burrito or become enveloped with warmth after layering up on a chilly evening? Do you squeal or moan with joy? Do you stretch, dance, or sing? Without knowing it, we all have our little quirks triggered by pleasure. Sports culture has created a sense of inclusion and community around these celebratory behaviors, and some athletes make big bucks for theirs.
In essence, victory gestures are self-congratulating movements and can be as straightforward or as extravagant as the athlete chooses. When an individual or team develops a physical action or series of moves to indicate victory, celebration, or even to represent their brand, they can connect to their fans on a deeper level and even monetize off of it.
There is no firm definition or rule book for what can and can’t be considered a victory gesture. However, one must follow a few guidelines to get a victory gesture trademarked. But why would someone want to get a victory gesture trademarked?
Why Trademark a Victory Gesture
There is so much that goes into building a brand, especially in the world of sports. Not only are you part of a large conglomerate–your team–but you also have your individual brand identity and your unique following to maintain.
Athletes can showcase their personality and uniqueness via their brand, which can help them stand out from other competitive athletes. Celebration styles allow sports stars to harness individuality by giving their fans a glimpse of their personal character, which can genuinely ignite their brand in ways that might not seem obvious on the surface. In fact, there is a powerful correspondence between athletes’ victory gestures and overall brand performance.
Generally, athletes are locked into contracts that impose limitations on what they can do as a personal brand and how much money they can earn. Luckily, All-stars can utilize corporate endorsements to make a side income that doesn’t interfere with their contract agreement.
Another wildly effective way athletes can harness their personal brand to make a profit is via victory gestures. Of course, the need to protect intellectual property is inherent when building a brand and business, which is where trademarking comes in. Sports stars must trademark all applicable facets of their character if they hope to make a good impression, stay relevant, and guarantee continued profit.
Once trademarked, they can create merchandise, athletic wear, equipment, and other sports gear by way of their trademark, allowing them not to be caged into their contract entirely. Victory gestures are a prominent example, but athletes can also trademark catchphrases, signatures, and names for additional revenue. Once they’ve stuck, victory gestures will continue to rise in popularity and may eventually even become interchangeable with an athlete’s image.
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Where the Boundaries Lie
To be considered for trademark registry, your gesture must be so distinct that no other brand or individual could replicate it without impeding your brand identity or confusing others. In other words, a competitive brand or athlete wouldn’t even try to use your gesture because of its correlation to you and how identifiable it is with your brand.
When considered for trademarking, celebratory actions are usually unconventional and nontraditional. To trademark your victory gesture, it must meet a few criteria.
They are as follows:
- Graphical representation to indicate said gesture
- This can be in the form of a storyboard, illustration, drawing, photo, or other. Think: you want to get this gesture embossed on products or services one day for merch and other purposes. Don’t get too crazy with it but make sure it’s unique.
- Distinctiveness
- Remember, this cannot be too basic. You don’t want to confuse your fans by having a similar gesture to another Grade A athlete, do you?
- Source of origin indication of the products or services associated with the mark
- Where did the gesture come from? What does it stand for? Whether your gesture represents anger, excitement, your overall image, etc.–figure out what it symbolizes for you personally.
- Should be utilized concerning a product or service
- The mere recognition of a famous gesture–for the sake of exploitation–will not be guaranteed by trademark law. You must use your gesture often, especially at games and public outings.
Celebrity Gesture Examples
An example of a celebrity gesture that did not pass the test was Steph Curry’s “Night Night” gesture–indicating the game is done, he’s made his play, and he’s going to bed. This simple action of resting his head on his hands to indicate a pillow and sleep to follow is clearly a universal gesture that lacks distinctiveness, no matter what its relevant implication and how widely it is used or known amongst his fans.
All-time celebrity athlete Michael Jordan has created a global brand entirely of his image and personal character. Despite this, he doesn’t actually own his jumpman logo (which is also technically considered a gesture taken from a photograph of him when he was on the Chicago Bulls). Inarguably, this jumpman gesture is essentially now synonymous with Michael Jordan. Nike and Jordan have their own deal surrounding Air Jordans and revenue distribution, though Nike actually owns this trademark of Michael Jordan and uses it flawlessly for promotion of their brand at large. With Jordan’s fame, however, his brand speaks for himself, and he doesn’t need much means of trademarks, save for his number 23 and his name. Still, how weird would it be to have a gesture and brand you created be rightfully owned by another business?
If you want to play it safe and get cracking on increasing sales of your brand, observe famous soccer player Gareth Bale. He trademarked his “Eleven of Hearts” signature celebratory move, and He utilizes his trademark around concerning goods, which yield about $3 million in profit a year. Mo Farah is a top-notch runner who trademarked the “MoBot” pose after he crosses the finish line. This looks like an M or a heart, created by placing two hands together on top of the head with bent elbows. No question, this signature victory gesture has earned him and his brand a huge amount in sales.
It is crucial that celebs, public figures, and all-star athletes increase their awareness of the importance of honing in on brand consciousness and loyalty to their fan base. If you’re a big-time athlete or climbing the ranks and want to distinguish yourself from the crowd, come up with a meaningful and functional pose through which your fans can recognize and connect to you. Your celebratory movements might take hold instantly or over a slow progression, but once it sticks, you’ll want to hit the ground running and monetize off it. Once it becomes synonymous with your brand image, expected to be used at games and a surefire way to get fans riled up and excited about you and what you came here to do–win.
There is no denying that sports have the power to change the world. They can inspire and unite people as nothing else can. If you’d like to attract fans and keep them engaged, build community, showcase your brand personality, and monetize your uniqueness and talent in new ways, trademarking your victory gesture is a must.
Trademark my celebratory move today!
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