The IPO will evaluate whether Littler's face meets statutory distinctiveness requirements—a test that traditionally favored stylized representations over photorealistic likenesses. The precedent is already moving in his favor: in November 2025, footballer Cole Palmer successfully registered his photorealistic facial likeness across multiple categories with the same office, signaling the IPO's openness to generic representations of well-known figures. The European Union has granted similar marks to model Maartje Verhoef and is currently reviewing the precedent-setting case of Johannes Hendricus Maria Smit before its Grand Board of Appeal, which will clarify standards for photorealistic facial marks.
Attorneys should monitor this application and the broader trend it represents. As generative AI capabilities expand, facial trademark registration is becoming a standard protective measure for celebrities and public figures. The outcome of Littler's filing—and the EU's pending guidance—will determine whether facial recognition becomes a recognized badge of commercial identity and whether trademark law can effectively shield individuals from deepfakes and unauthorized AI-generated imagery. For clients in entertainment, sports, and media, this signals the need for proactive IP strategies around personal likeness.