MS Dhoni's 'Captain Cool' trademark opposed for being generic and non-distinctive

A Delhi-based lawyer has formally opposed former Indian cricket captain Mahendra Singh Dhoni's bid to trademark the phrase "Captain Cool," arguing that the term is too generic, laudatory, and entrenched in public commentary to be monopolized by any one individual - even a sports icon, as per a report by Bar & Bench.

The opposition, filed by lawyer Ashutosh Choudhary through law firm KAnalysis Attorneys at Law, contests the registrability of the phrase under the Trade Marks Act, 1999, claiming it lacks inherent distinctiveness and fails to meet statutory thresholds.

Also Read: MS Dhoni set to own 'Captain Cool' as personal brand nears trademark approval

Dhoni's application, filed under Class 41 for services related to education, entertainment, sporting and cultural activities - including coaching and training - was recently formally accepted and published by the Trade Marks Registry after clearing preliminary examination hurdles.

Initially submitted on a "proposed to be used" basis, the application was later amended to include a claim of prior use since 2008.

However, the opposition alleges that the prior use claim was added late without evidence or a supporting affidavit, after multiple hearing notices and examination reports. "This is a deliberate and mala fide attempt to circumvent objections raised during multiple hearings," reads the opposition notice, the report added.

At the core of Choudhary's challenge is the assertion that "Captain Cool" is a widely used, descriptive phrase that has historically been associated with various sportspersons - including Sri Lanka's Arjuna Ranatunga - and not just Dhoni.

“The term is a laudatory expression embedded in sporting culture. It cannot serve as a source identifier for one individual or business,” the notice argues in the media report.

Further, the notice raises concerns about procedural lapses by the Trade Marks Registry. It contends that the application was accepted without properly resolving a pending rectification proceeding initiated by Dhoni against an earlier conflicting mark, and that the Registry failed to serve due notice to the proprietor of that mark - a move that allegedly violates due process and suggests preferential treatment due to Dhoni's celebrity status.

The opposition also claims that Dhoni has not demonstrated commercial use of the phrase "Captain Cool" in connection with the services listed. “Popularity alone does not satisfy the legal threshold for trademark protection. Persona is not a source of legal right unless supported by actual and consistent use,” it stated in the report.

Choudhary’s filing includes references to archival sports journalism and coverage showing the phrase’s prior use for other international cricketers, making it part of the sporting lexicon - similar to public epithets like “The Wall” (used for Rahul Dravid) or “God of Cricket” (used for Sachin Tendulkar) - which are descriptive and non-proprietary in nature.

The matter will now move into formal opposition proceedings under Section 21 of the Trade Marks Act, 1999, where the Registry will evaluate both parties’ submissions before making a final determination.

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