A Delhi lawyer opposes MS Dhoni’s trademark bid for “Captain Cool”, calling it a generic, non-exclusive term. The objection claims celebrity status alone doesn’t justify legal ownership of public nicknames.
New Delhi: A lawyer based in Delhi has officially raised an objection to former Indian cricket captain Mahendra Singh Dhoni’s effort to get the trademark rights over the phrase “Captain Cool”.
The lawyer, Ashutosh Choudhary, has claimed that the phrase “Captain Cool” is too common and descriptive, and not something that belongs to Dhoni alone.
According to him, this phrase is often used by the public and media to describe calm and composed sports personalities and has been around for a long time in the sports culture.
He argued that it does not point to any one person or company and therefore, cannot be registered as a trademark under Indian law.
The objection says that Dhoni’s fame alone is not a good enough reason to give him the exclusive rights over a phrase like this. Many other sportspersons, especially in cricket, have been called “Captain Cool” by fans and media.
The notice said,
“The term ‘Captain Cool’ is a generic, laudatory expression that has been used for multiple sportspersons. It cannot be monopolised by any individual, regardless of their fame or public persona,”
The application to register the phrase “Captain Cool” was filed under Class 41 of the Trade Marks Act, 1999, which includes services like education, entertainment, sports coaching, training and other cultural activities.
The Trade Marks Registry had accepted this application and recently published it in the official journal, clearing an important step in the registration process.
Initially, Dhoni’s application was filed on a “proposed to be used” basis, meaning it was a future plan to use the mark. But later, it was changed to include a claim that Dhoni had already been using the term since 2008.
The lawyer opposing this move says that this change was made without any proof or affidavit to support it and came only after multiple objections, examination reports, and hearings by the Registry over nearly two years.
The opposition notice stated,
“This is a deliberate and mala fide attempt to circumvent objections raised during multiple hearings,”
The key argument is that “Captain Cool” is not a unique name that can be linked only to Dhoni. The phrase has been used for other international cricketers in the past, such as Sri Lanka’s Arjuna Ranatunga.
It is similar to terms like “The Wall” (used for Rahul Dravid) or “God of Cricket” (used for Sachin Tendulkar), which are public nicknames that cannot be owned by one person.
The opponent also accused the Trade Marks Registry of not following proper procedure. They pointed out that several hearing notices were issued before the Registry finally accepted the application.
Also, the claim that Dhoni had used the phrase since 2008 was added late and without the proper process.
The opposition notice claims that such changes are not allowed under the Trade Marks Act, 1999, during the examination phase.
It added,
“Persona is not a source of legal right unless supported by actual commercial use and compliance with statutory criteria. Popularity alone does not satisfy the legal threshold.”
The objection also said that Dhoni’s side has claimed that the phrase has become distinct or recognisable over time because of him — what is legally called “acquired distinctiveness”.
However, they have not shown any actual proof of regular or exclusive commercial use of the phrase for services like sports coaching or entertainment.
There is no evidence that the mark has been advertised or known in the market for such services, the opponent said.
Moreover, the opponent has said that Dhoni has filed a separate rectification case against another trademark that may be in conflict with this one.
But the Registry still accepted Dhoni’s mark without waiting for that dispute to be resolved, and without informing the other party involved. This, the objection says, is unfair and shows that Dhoni is being given special treatment just because he is a celebrity.
To back up their arguments, the opponent also attached old news articles and cricket match coverage that show how the phrase “Captain Cool” has been used for many players, even before Dhoni.
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The objection notice said,
“Accordingly, no proprietary rights or exclusivity can be claimed over such a generic phrase, and any attempt to do so is legally unsustainable and contrary to the basic principles of trademark law,”
The opposition has now asked the Trade Marks Registry to reject Dhoni’s application and protect the rules of trademark law by not allowing individuals to claim ownership over such common, praise-based phrases.
The case will now be processed under opposition proceedings as per Section 21 of the Trade Marks Act, 1999.
The legal challenge has been filed by the Delhi-based law firm, KAnalysis Attorneys at Law.
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