Celebrity Signatures as Intellectual Property: Recent Developments and Legal Issues

Introduction

For long, a signature was seen as an element that served merely the purpose of proving identity, used to sign important documents, enter into contracts, sign checks, or write autographs. Its main purpose in legal practice was to confirm an individual's agreement or participation in any activity. Nevertheless, the development of the celebrity culture, marketing through personalities, and the increasing use of signatures for business purposes have led to a significant change in the perception of what signatures actually are nowadays. In contemporary business, signatures serve not only the purpose of identifying a certain individual but also help to promote specific products, attract consumers' attention, and generate income.

As celebrities' personalities become more and more monetized through numerous endorsement deals, product licensing, merchandise promotion, etc., unique signatures are used as reliable sources of authenticity, helping people identify a particular celebrity and distinguish products from one another. Thus, a signature becomes a great way to brand yourself. As signatures are actively used in contemporary marketing, becoming elements of various commercial products such as apparel, jewelry, cosmetics, or collectible objects, there emerges a need to protect them against unlawful usage.

The practice has gained prominence not only in India but all over the world. The news about Bollywood star Salman Khan obtaining the registration of his signature as a trademark in relation to Class 25 goods of the Nice classification, which includes clothing, footwear, and headgear, exemplifies this tendency in the application of the trademark regime to the protection of personal property. This practice is common among many famous personalities in India, such as Shah Rukh Khan and Kareena Kapoor Khan, and internationally known celebrities, whose signatures became an inseparable part of their brand image. The benefits of such trademark registration include protection against counterfeit products, unauthorised use, fraud, and infringement on a celebrity's good will.

The legal question that arises in this context pertains to whether or not a handwritten signature can serve as a trademark and what degree of distinctiveness it should exhibit. Also, how does trademark registration of signatures interrelate with other IP protections, such as publicity rights and passing off? Besides, another issue concerns the monopolization of a symbol that belongs to one's personality.

With this context in mind, this blog post discusses the recent appreciation for celebrity signatures as intellectual property, emphasizing the aspect of trademark protection according to the Trade Marks Act of 1999. The blog discusses the legal provisions that pertain to the registration of the signatures as trademarks, highlights some of the interesting domestic and foreign case studies, and analyzes the significance of treating one’s signature as an intellectual property. The blog aims to discuss how what may seem like a trivial issue can indeed be an important aspect of intellectual property law with considerable economic value attached to it.

Legal Basis under the Trade Marks Act, 1999

The legal foundation for understanding what a signature could mean as a trademark is based on the legal definition of "mark." Under the Trade Marks Act, 1999, section 2(1)(m), the definition of a "mark" is stated as "device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof". Since the list under "mark" includes the term "signature," one may infer that one's own signature can operate as a mark in the context of Indian trademark law.

Nevertheless, it is important to note that simply registering as a "mark" does not mean that the mark is automatically registered as a trademark. The signature must meet certain requirements for it to be considered a trademark:

• Distinction (Section 9):  Under Section 9(1)(a) a trade mark would not be considered to be distinctive, meaning it can't distinguish the goods/services of one entity from another, and so would not be registrable. Signature is normally a distinctive mark since, by definition, it has been created by the person whose signature it is. In particular, a signature is likely to be a distinctive mark in case it is stylised. In cases before the courts and the Trade Marks Registry, a celebrity's stylised signature has always been presumed to be a distinctive mark by virtue of the inherent or acquired distinctiveness.

• Relation to Goods or Services: Any mark should either be used or intended to be used to distinguish particular goods or services from those of other people. The mere use of a signature as an authentication mark, for example, signing on cheques or letters, does not make the signature act as a trademark. However, once the signature is used as a mark on particular goods such as clothing and perfumes or in advertising for services, then it starts acting as a trademark.

• Graphic representation (S. 2(1)(zb): It must be capable of graphic representation and be able to distinguish the goods/services. The handwritten signature when converted to its graphic form (logo/monogram), complies with this requirement very conveniently.

• Non-functional and free from prohibitive matters: The signature should not belong to the absolute grounds for refusal under S.9, i.e., being deceptive or scandalous or contrary to public order. Neither shall it be included among the relative grounds under S.11, i.e., identical with an existing registered mark.

Concept of "Use as a Trademark

Another important aspect that requires attention from a legal perspective is the difference between the signature as an instrument for personal identification and the signature used as a trademark. According to the Trade Marks Act, only marks that perform source identification functions within trade can be registered as trademarks. Thus, when a famous person's signature appears on the label, tag, or packaging of the clothing, or on the merchandise itself, it becomes a trademark that operates just like any other brand or logo and tells the consumer about the association of the item with the respective celebrity or brand.

Recent Trends: Case Studies

The Signature of Salman Khan under Class 25

The trademark for another such brand would be the one that has apparently applied to trademark the signature of Bollywood actor Salman Khan under Class 25. The application of trademarks under Class 25 gives fashion brands exclusive rights to use their brand name and logo and prevents any other brands from using them in marketing their products.

It is also clear how such a trademark would fit into Salman Khan's business environment. He currently operates in the fashion sector through the Being Human clothes line, whose name comes from his Being Human Foundation. This organization, which receives its revenue mainly from the sale of Being Human branded items, manufactured and sold under license, with part of the clothing sales going to the foundation. In registering his signature under Class 25 as a trademark, Salman Khan would secure for himself another branding tool, one that is far more personal than the words and logo in the "Being Human" word mark.

This follows suit with the overall strategy behind Salman Khan’s trademarking endeavors. With the help of Salman Khan Ventures, the actor has managed to trademark several marks starting with “Being,” such as “BeingSmart” for mobile phones, aside from the already existing clothing line “Being Human.” A signature trademark would blend well within this kind of trademark portfolio because it is both unique and personal and it has the potential to transcend all kinds of merchandise without leaving behind Salman Khan’s unique mark on all of them.

Indian Case Study II: Shah Rukh Khan, Kareena Kapoor, and Sachin Tendulkar

The use of personal signatures as trademarks by celebrities is not alien to India either. As per intellectual property analysis, the signatures of famous personalities like Sachin Tendulkar and Shah Rukh Khan have been protected as trademarks in India, keeping in mind the general international tendency wherein the signatures are treated as marks under trademark law, explicitly mentioning that signatures also fall within the ambit of a mark.

Here again, Shah Rukh Khan has taken a step further. Apart from trademarking his signature, Shah Rukh Khan has also attempted trademark registration for his initials, SRK, providing additional protection for the brand through different means, thereby establishing a trademark portfolio consisting of a person’s name, signature, initials, and even a tagline.

Kareena Kapoor, another Bollywood actress, has also opted for trademark registration in respect of her signature in multiple classes. She has sought registration of her signature in many classes that include cosmetics, leather articles, clothing, and advertising services/business services. It appears that she wishes to register her signature mark not for one specific product class but a variety of goods and services, as a means of securing preemptive rights before any third party could utilize her signature mark within any other adjacent product lines wherein she may consider venturing in the future or perhaps unauthorized merchandise may be sold.

International Examples

It should be noted that the phenomenon of signing one’s own signature and getting it trademarked is a widespread one all around the world. Among the international examples of signatures, which were successfully protected as trademarks, it is possible to find the signatures of such famous and historic personalities as John Hancock, Taylor Swift, and John Lennon. As the matter of fact, the legal definition of trademarks in practically any country across the globe includes the possibility of trademarking signatures.

However, there is another aspect of the issue worth mentioning. In addition to being used by entertainers and athletes, signatures also represent a trademark tool employed by companies. For example, the company Philip Morris is known to have applied to the authorities for protecting signature-based trademarks under their company name. That means that the issue of trademarking signatures can serve other than merchandising purposes and has a broader scope of use for everyone and "not just celebrities."

Relevance of Choosing Class 25

The selection of Class 25 when dealing with situations such as the case filed by Salman Khan cannot be dismissed as trivial. It helps apparel companies secure their trademark and logo and also takes steps against the counterfeiting of those brands on internet websites. It is relevant for a personality who has its picture used – regardless of permission – on various items, including t-shirts and caps, which might be sold online as well as offline. The registering of a signature as a trademark in Class 25 will help protect that person from the misuse of his image.

In fact, the registering of a trademark in Class 25 is important for another reason as there are a lot of goods being confiscated at borders in connection with counterfeiting and, therefore, a trademark can help enforce laws against any infringement coming in through international routes. It has additional significance when a brand name belonging to a celebrity could have global prospects via sales of merchandise, joint ventures, etc.

Strategic Advantages of Registering a Celebrity’s Signature as a Trademark

• Creation of unique brand assets: A signature is among the unique and irreplaceable characteristics that define an individual. Contrary to stage names or initials, which can be shared by many people, a signature, more so a stylized one acquired over the years, is likely to be unique to the individual. With having one’s signature trademarked, you get an asset that is both legally distinctive as well as commercially lucrative.

• Earning royalties by branding: Once trademarked, the signature of the individual can then be licensed to third parties such as apparel companies, makers of sporting equipment, or brands that deal in lifestyle products, and used to create branded products. These will earn revenues independent of those earned through acting or sports-related services.It also gives the celebrity control on how their brand is used.

• Improving the enforcement process: By registering, there becomes a statutory ground for filing for trademark infringement under Sections 29 and 135 of the Trade Marks Act, 1999 for remedies including injunction, compensation, and recovery of profits. In the absence of registration, the celebrity would have no option but to pursue an expensive and tedious common law remedy of passing off.

• Supports personality rights: The concept of "personality rights" refers to the right of a celebrity to control the commercial exploitation of his or her identity in the form of their name, likeness, or any other aspect of the person. These rights are protected under Indian law through tort principles of passing off and partly by way of privacy laws. Registration of the signature trademark provides a statutory form of protection to complement personality rights especially in the context of merchandising.

• Trademark portfolio diversification: The portfolio strategy pursued by Shah Rukh Khan when he chose to register the letters SRK and by Kareena Kapoor when she registered her signatures under various categories demonstrates that celebrities are keen on building a diversified portfolio of trademarks that include their signatures, initials, full name, and other related names.

Challenges and Risks

Risks Associated with the Inappropriate Use and Counterfeiting of Trademarks

Interestingly enough, while it is the popularity of the celebrity that increases the value of the autograph, it also makes it prone to misuse. Indeed, counterfeited goods sporting the celebrity's autograph are frequently encountered both offline and online. Registration, which gives a legal toolset a bit more diversity (including the possibility of using customs enforcement under Class 25), does not solve the problem of counterfeit merchandise entirely; it only increases its legal basis.

Challenges Regarding Distinctive Nature of Signature

Every autograph cannot be considered distinctive by default under Section 9. If the autograph is too illegible, too generic-looking, or bears close resemblance to common cursive handwriting, there might arise an objection regarding lack of distinctive nature of the signature, especially in case when the signature did not get widely spread due to its distinctive character. In such cases, the Registry would prefer accepting autographs which have already acquired secondary significance ("secondary meaning" in the language of trademark law).

Intersection with Personality and Publicity Rights

There are currently debates among scholars and judges regarding the intersection of trademark law and personality rights in India. While the protection of a trademark registration covers the signature trademark as an aspect of its use in business for particular products or services, the right of the celebrity to exercise control over the commercial exploitation of his or her identity, which includes names, images, and voice, cannot be fully protected by trademark alone. The use by unauthorized parties of celebrities' identities as a means of promoting products can be legally prosecuted separate from trademark registration, as seen by decisions in various passing-off and personality rights litigation.

Issues related to Succession and Assignment

Since a signature represents a person’s identity, the issue becomes one of the assignment and subsequent use of such a mark in case the celebrity dies, retires, or even dissociates himself from that particular brand. While it is true that trademarks in general can be assigned and transmitted according to the provisions of the Trade Mark Act, the personal aspect involved in a signature mark poses problems which do not crop up in other word/logo-based marks.

Conclusion

The increasing trend of celebrities having their signatures trademarked reveals the new way personal identity is regarded as intellectual property in the visual economy of India. From the perspective of legislation, there is no dearth of legal precedent as Section 2(1)(m) of the Trade Mark Act clearly mentions the word "signature" in defining what marks mean, and a signature that is distinctive and used in association with goods and services meets the criteria of registrability under Section 9.

The registration of Salman Khan's signature in Class 25 for clothes follows a well-trodden path that is taken by others like Shah Rukh Khan, Sachin Tendulkar, Kareena Kapoor and others. This is not unlike what other celebrities, individuals and firms around the world have done in protecting their signatures from infringement. There are many reasons for celebrities to adopt this strategy, which include licensing and anti-counterfeit measures along with an added legal edge to personality rights.

On the other hand, the power of a signature trademark lies in its consistent use and proper drafting of the class and goods or services that it covers. In view of the increasing merchandising and licensing business culture in India, it is expected that the use of the signature trademark will become more common among celebrities in managing their brands.

Author: Shreya Sharma, in case of any queries please contact/write back to us via email to chhavi@khuranaandkhurana.com or at  Khurana & Khurana, Advocates and IP Attorney.

Endnotes

1. The Trade Marks Act, 1999, Sections 2(1)(m), 2(1)(zb), 9, 11, 29 and 135, Government of India, available at: https://ipindia.gov.in/writereaddata/Portal/Images/pdf/trade-marks-act-1999.pdf (last accessed June 2026).

2. Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Trade Marks Registry Public Search, Intellectual Property India, available at: https://tmsearch.ipindia.gov.in/tmrpublicsearch/ (last accessed June 2026). (Official source for verifying trademark applications and registrations relating to celebrity signatures, including Salman Khan and other public personalities.)

3. Titan Industries Ltd. v. Ramkumar Jewellers, 2012 (50) PTC 486 (Del), Delhi High Court. (Recognising the right of publicity and restraining unauthorized commercial exploitation of celebrity identity.)

4. D.M. Entertainment Pvt. Ltd. v. Baby Gift House & Ors., 2010 (42) PTC 520 (Del), Delhi High Court. (A leading decision recognising passing off and commercial protection of celebrity identity and goodwill.)

5. Shivaji Rao Gaikwad v. Varsha Productions, 2015 (1) LW 701, Madras High Court. (Recognising that the identity and personality of a celebrity are entitled to legal protection against unauthorized commercial exploitation.)

6. World Intellectual Property Organization (WIPO), Making a Mark: An Introduction to Trademarks for Small and Medium-sized Enterprises, WIPO Publication No. 900, available at: https://www.wipo.int/publications/en/details.jsp?id=219 (last accessed June 2026). (Explains the role of trademarks, including names, signatures and other distinctive identifiers, as valuable commercial assets.)