Can a celebrity register a trade mark for their face in the UK to combat AI deepfakes?

Under UK law, there is no standalone “image right” or statutory personality right, unlike other jurisdictions. Instead, celebrities must rely on a patchwork of protections, including passing off and trade mark infringement. The UK Trade Marks Act 1994 allows registration of any sign capable of distinguishing goods or services, which can include names, logos and even images. Therefore, a famous person’s likeness could be registered as a trade mark if it functions as a brand identifier and is distinctive in the relevant commercial context.

Jeremy Clarkson’s recent UK and EU trade mark filings for his likeness mark a notable attempt to address the growing threat of AI-driven impersonation. After deepfake scams used his image and voice to promote fraudulent cryptocurrency schemes, Clarkson applied to register his ‘face’ as a trade mark (in the form of a photograph) for entertainment, media-related services, as well as software (including AI-generated software). If registered, such trade marks could provide a legal basis on which to challenge unauthorised commercial use, but enforcement would still depend on proving infringement and practical challenges such as non-commercial deepfakes and jurisdictional issues would remain. Clarkson’s move highlights the limitations of current UK law and adds weight to calls for reform, such as the introduction of a statutory “personality right” to tackle AI misuse and deepfakes. If adopted, this could complement trade mark law and offer celebrities stronger protection against digital impersonation.