Setback for Dhoni over 'Captain Cool' trademark

written by Atharva Jori

Former India cricket captain Mahendra Singh Dhoni may be synonymous with ice-cool nerves under pressure, but his bid to trademark the moniker ‘Captain Cool’ has hit a legal roadblock. A Delhi-based lawyer, Ashutosh Choudhary, has formally opposed Dhoni’s attempt to register the widely used sporting nickname as a trademark, arguing that the phrase is 'generic, descriptive and intrinsically linked to public commentary and sporting culture.' Filed through Delhi-based law firm KAnalysis Attorneys at Law, the opposition challenges the registrability of the phrase, asserting that it cannot serve as a distinctive commercial identifier for Dhoni or any other single individual. According to the opposition, Dhoni’s star power alone does not entitle him to monopolise a phrase that has historically described several athletes across generations. '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 opposition states, according to barandbench.com. Dhoni’s application to trademark the phrase, filed under Class 41, which covers education, entertainment, coaching, and sports-related activities, was recently accepted and published in the Trade Marks Journal, clearing an important regulatory step. Initially submitted on a 'proposed to be used' basis, the application was later amended to claim use since 2008. But the opponent alleges that this claim of prior use was introduced without supporting evidence, and only after multiple objections were raised during a two-year examination process. 'This is a deliberate and mala fide attempt to circumvent objections raised during multiple hearings,' the opposition argues. The legal notice further contends that Dhoni’s application lacks 'inherent distinctiveness' and fails to meet the criteria outlined under the Trade Marks Act, 1999. The phrase 'Captain Cool,' the opposition says, has long been part of mainstream cricketing vernacular, even used to describe Sri Lanka’s Arjuna Ranatunga and other international captains known for their calm demeanour on the field. '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 notice stated. Adding to the fire is a procedural red flag, the opposition alleges that the Trade Marks Registry issued repeated hearing notices, and yet accepted the application without resolving a pending rectification proceeding involving a conflicting earlier mark. '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 lawyer argued. To bolster its case, the opposition submitted old press clippings and cricket features that demonstrate the wide and long-standing use of 'Captain Cool' well before it was associated with Dhoni. It likened the phrase to public epithets such as 'The Wall' or 'God of Cricket', terms seen as part of collective fan culture rather than brandable assets.