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8 October 2025

Trade Mark Toss-Up: Dhoni Takes Guard In India's Celebrity Intellectual Property Game

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S.S. Rana & Co. Advocates

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In the contemporary landscape where personal identity increasingly comes together with commercial value, it has become a standard strategic stroke for high-profile individual/ celebrities/ sport icons, to secure trade mark rights for their names and distinctive persona attributes such as fan-given titles, etc. This proactive and strategic measure helps safeguard their brand equity and enables them to mitigate any commercial exploitation of their hard-earned goodwill and reputation. The recent filing of the trade mark "CAPTAIN COOL" by Mahendra Singh Dhoni exemplifies this prevalent trend to protect his moniker. Dhoni's move underscores the significance of protecting the unique identifiers, i.e. in the present case the title "CAPTAIN COOL" which is exclusively linked to Dhoni's persona and the same has attained secondary meaning through widespread recognition and use, turning the same into a legally protected proprietary commercial asset, which can be on the basis of acronyms (e.g. CR7) or even jersey numbers 1688042f.jpg (Registration by Sachin Ramesh Tendulkar).

WHAT'S THE BUZZ ABOUT?

M.S. Dhoni filed a trade mark application and officially secured the acceptance and subsequent advertisement of the trade mark "Captain Cool" under Application No. 5966261 in respect of goods namely being "Sports training, providing sports training facilities, sports coaching servicesClass 41, from the Trade Marks Registry, Kolkata. This highlights the use of personal branding and power of a unique identity to protect their image in business. Through long standing in the sports field, popularity and awareness among the public and media, both India and globally, the trade mark has attained a distinctive secondary meaning and associated with the cricketer. The timing could not be better since this move coincides with Dhoni's 

induction into the ICC Hall of Fame (June 2025).

1688042a.jpg

TRADE MARK TIMELINE: QUICK RECAP

June 5, 2023

Application for the trade mark "Captain Cool" was filed on a 'proposed to be used' basis

September 15, 2023

Examination Report issued wherein an identical and prior trade mark in the name of Prabha Skill Sports (OPC) Private Limited under Class 41 was cited; Objection under Section 11 of the Trade Marks Act.

 1688042b.jpg

October 18, 2023

Reply to Examination Report filed by Dhoni's counsel relying on Dhoni's exclusive association with the trade mark and challenges the cited mark's registration on the grounds of bad faith.

Various hearings were appointed by the Trade Marks Registry in respect of the acceptance of the said trade mark

April 23, 2025

TM-M request filed to amend the user claim from 'proposed to be used' to prior use since January 01, 2008.

Evidence for user claim:

1688042c.jpg

 

June 06, 2025

Acceptance Order issued by the Trade Marks Registry.

1688042d.jpg

June 16, 2025

Advertised in Journal No. 2213-0

*Please note that trade mark was advertised with the user claim being 'proposed to be used'

1688042e.jpg

CONTEST AND LEGAL HURDLES:

Rectification filed by Dhoni against the cited & identical trade mark

It is pertinent to mention that another entity named Prabha Skills Sports (OPC) Pvt. Ltd., was the registered proprietor of the trade mark "Captain Cool" [Registration No. 5048887] in Class 41. Pursuant to the said registration being cited in the examination report dated September 18, 2025, Dhoni, through his counsel, filed rectification application against the said registration, dated January 19, 2024 alleging that the said registration has been obtained to exploit the brand and the popularity of the term which is exclusively associated with M.S. Dhoni. The said rectification application is yet to be taken on record and served on the Registered Proprietor and hence, no response has been filed till date.

Opposition filed against Dhoni's application

Pursuant to the advertisement of Dhoni's trade mark in the Trade Marks Journal, the same was open for opposition for four (4) months from the date of availability of the journal by any person. Herein, another legal hurdle emerged as an individual filed an opposition against Dhoni's application. The said opposition was based on the below mentioned grounds/ points:

  • Generic Nature & Non-Distinctiveness: Since the phrase "Captain Cool" is Publici juris and lacks allegedly distinctiveness, no person should be allowed to assert monopoly of the same. The Opponent also relied on the contention that no inherent/ acquired distinctiveness can be proved.
  • Lacks Exclusive Association with Dhoni: The opposition relies on the fact that in the 1990s, long before Dhoni's international debut, the said phrase was associated with Sri Lankan cricketer, Arjuna Ranatunga and is not just associated with Dhoni.
  • Unsubstantial Amendment regarding Prior Use: The Opponent has also pointed out the said application which was originally filed on a 'proposed to be used' basis was later amended to claim use since 2008, without providing any cogent or ireftuable documentary evidence such as invoice, advertisement or any evidence of commercial use conducted by M.S. Dhoni.

It is pertinent to mention that while the trade mark CAPTAIN COOL is closely associated with Dhoni due to public recognition, it has not been commercially utilized by him and only by the media or fans.

INTENTION BEHIND SUCH FILING

With legal ownership and exclusive rights over the trade mark, the same could be popularly commercialized across several avenues for the purpose and services as per Class 41 by other entities authorized entities as the trade mark CAPTAIN COOL would be associated with Dhoni and further could be monetized by him.

  • Sports Academics and Coaching:
    Monetize the brand through business like training centers, develop coaching modules, courses or, tie-ups with educational and training institutions and further, potential organizing sporting events, fan meet and greets, charity events, to popularize the brand even further.
  • Branded Merchandise and Licensing:
    Used for sporting goods, equipment, apparel, etc. The same could be used in licensing agreements and so as ensure control quality and brand alignment.
  • Sponsorship and Endorsements:
    Entering into high value brand associations which could leverage the brand identity. Similarly, contractual relation could be built with such terms that enhance the exclusive rights under the brand name.
  • Media and Digital Content:
    Media and digital content can amplify trade mark reach through exclusive social media content, branded wellness apps, and compelling streaming collaborations like documentaries or autobiographies, which would further engage the public with the trade mark.
  • Exercise Control:
    Securing rights in respect of the trade mark is merely not about monetizing but also mitigating any potential misuse of how the said persona/ identity is used against:
  1. Misuse by third-party
  2. False endorsements or misleading brand affiliations
  3. Damage to public image and dilution of goodwill.

This was also highlight in the landmark case:

  • ICC Development (International) Ltd. vs Arvee Enterprises

[Equivalent citations: 2003VIIAD(DELHI)405, 2003(26)PTC245(DEL), 2004(1)RAJ10]

The Delhi High Court recognized the need to protect branding and event names from being misused by unaffiliated entities. It ruled that public personalities and brand owners must have exclusive control over how their name or associated marks are used commercially, to prevent consumer deception and unjust enrichment by others.

Furthermore, the widespread reach and popularity of the trade mark CAPTAIN COOL have already prompted subsequent attempts to file identical or deceptively similar marks for products such as alcoholic beverages (Class 33), tobacco goods (Class 34), and clothing (Class 25) posing a reputational threat and misuse.

Application No.

Conflicting Trade Mark

Proprietor Name

Class & Specifications

6541461

CAPTAIN COOL (device)

SIP2LIFE Distilleries Pvt. Ltd.

[CLASS : 33]

Alcoholic beverages, except beers; Alcoholic preparations for making beverages

7110185 & 7110186

CAPTAIN COOL

NTC Industries Limited

[CLASS : 34]

Cigarettes, Manufactured & Raw Tobacco, Safety Matches, Cigarette Gas Lighter, Pan Masala Containing Tobacco (Gutkha), Khaini and Tobacco with Lime, Zarda including Scented and Chuna Mix, Qiwan, Chewing Tobacco, Filter Tobacco, Filter Khaini Preparations containing Chewing Tobacco, Tobacco, Partly or wholly Stemmed or Stripped Katha, Indian Katha.

7102207

Mr. Captain Cool (device)

Kiran Rajendra Chougule

[CLASS : 32]

Mineral and Aerated waters and other non-alcoholic beverages, fruit beverages and fruit juices, syrups.

In this context, acquiring statutory protection becomes vital to prevent misuse and ensure robust enforcement against infringing applications. It is evident that misuse by subsequent parties is a recurring concern, as also highlighted in our article on the filing trends for "Namo" related trade marks after Shri Narendra Modi assumed office as Prime Minister in 2014. ( https://ssrana.in/articles/the-prime-ministers-brand-rise-of-trademark-filing-trend-for-namo-related-trade-mark-in-india/)

The aforementioned case coupled with the instances of potentially conflicting marks, underscores why Dhoni's move is not just timely but strategically essential in order to prevent others from free-riding on his legacy, misusing his identity, or falsely profiting from the "Captain Cool" persona. This also touches upon the broader concept and issues regarding celebrity rights and personality rights.

PERSONALITY & CELEBRITY RIGHTS

Registering a trade mark of a celebrated name provides protection against any unauthorized use and simultaneously commercialize and monetize on their fame. When the person has strong personal branding, and becomes distinctively identifiable, trade mark rights may become a crucial asset providing the opportunity for exclusive rights and its usage for better commercial opportunities going forward as the name is already associated with them.

The registration would safeguard persona that the individuals/ celebrities (herein, the trade mark owners) which has been built on their reputation attained over the years. It prevents consumer confusion, false endorsements and thus ensure that there is no damage to the carefully crafted public images.

OTHER CELEBS WHO DID IT FIRST

It is pertinent to mention that Dhoni's practice of filing trade mark applications and securing registrations for personal names, nicknames, and titles is relatively uncommon in India. However, it is a well-established and widely adopted strategy across global markets to protect and monetize individual brand equity. Examples are provided herein below:

  • LeBron James: The NBA icon has registered the title "King James" as a trade mark for shoes, apparel, games, toys and more. Any unauthorized use or counterfeit sale may result in infringement actions.
  • Jeremy Lin: Another NBA icon's Jeremy Lin's meteoric rise lead to him formally registering the trade mark "Linsanity", which was done in order to safeguard his brand identity and prevent unauthorized commercial exploitation of the aforesaid term.
  • Conor McGregor: UFC champion Conor McGregor, through his company McGregor Sports and Entertainment Ltd., filed trade mark applications for both his name and his nickname "The Notorious." The aforementioned registration serve to protect McGregor's commercial interests and reinforce his brand presence beyond the sporting arena.
  • Amitabh Bachchan: The iconic actor had previously secured a trade mark registration for his popular nickname "BIG B," filed in the year 1995. Although, the said registration was not subsequently renewed, it stands as a notable example of efforts to protect celebrity-associated identifiers.

CONCLUSION

For renowned personalities, a name or a title extensively used by fans and media transcends mere recognition and is more of a formidable commercial asset. Securing exclusive trade mark rights empowers celebrities like M.S. Dhoni to rigorously mitigate any unauthorized use and strategically monetize their personal brand. These rights are significant to protecting their public image, pursuing endorsement ventures and extending the commercial lifespan of their identity far beyond their career spans. The filing and potential registration of the trade mark "CAPTAIN COOL" underscores the trade marks distinctiveness by reinforcing its association with Dhoni's cricketing legacy. However, the ongoing opposition to the application based on grounds of generic usage, lack of distinctiveness, and procedural lapses sufficiently highlights the legal complexities involved in claiming exclusivity over widely used monikers. Nonetheless, such strategic branding efforts remain vital for safeguarding reputation, preserving goodwill, and unlocking global commercial opportunities in the evolving landscape of celebrity rights.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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