INTRODUCTION
Former Indian Men’s Cricket team captain and legend M.S. Dhoni has applied for registration of a word trademark “captain cool”, a nickname that reflects his pacific leadership style. For over more than a decade, coolness is linked to Dhoni’s calmness and composure on field during intense pressure situations, but can this nick name guarantee a trademark right, is a question that needs to be answered.
MS Dhoni’s trademark application for the ‘CAPTAIN COOL’ mark was initially ‘Objected’ by the Hon’ble Trade Marks Regsitry citing similarity under section 11 with another ‘Captain Cool’ trademark application with a prior registration granted to Prabha Skill Sports (OPC) Pvt Ltd. However, on 16 June, 2025, the Trade Marks Registry waived off the said objection and accepted & advertised the MS Dhoni’s trademark application in the trademark journal. What followed thereafter, what is the legality involved, is what is article explores in-depth.
FACTS IN CHRONOLOGICAL ORDER
- MS Dhoni’s trademark application: In June 2023, MS Dhoni filed for the application of registration of wordmark “CAPTAIN COOL” for sports related services in Class 41 under Kolkata jurisdiction.
- Prior Existing trademark for Captain Cool: Prabha Skill Sports (OPC) Pvt Ltd had registered for the same wordmark “CAPTAIN COOL” for sports related services in Class 41, in December, 2021.
- Objection against MS Dhoni’s Captain Cool Mark: Trademark registry objected to registration of mark “CAPTAIN COOL” on relative grounds of refusal, as mark being identical and similar to mark “CAPTAIN COOL” registered by Prabha Skill Sports (OPC) Pvt Ltd.
- Rectification filed by MS Dhoni: M.S. Dhoni filed Rectification for CAPTAIN COOL wordmark registered by Prabha Skill Sports (OPC) Pvt Ltd on grounds that it has been wrongly registered, as the term “Captain Cool” is associated with the name and identity of M.S. Dhoni and contended bad faith registration on part of the Company for deceiving the public in order to falsely trade and gain unlawful enrichment using the name of a well-known person.
- TM-M filed by MS Dhoni’s trademark application: After hearing Dhoni applied for amendment in the application of trademark by changing its user claim from proposed to be used to prior user from 1st of January 2008. It is however, pertinent to note that, the said amendment has not been taken on record by the trademark registry yet. The reason for this might be because such amendment was a substantial one in nature that extensively changes the nature of the trademark application and such amendments are generally prohibited in trademark law.
- Objection Hearing: Dhoni’s legal team argued at a hearing conducted in accordance with Rule 115 of the Trade Marks Rules that the phrase “Captain Cool” is closely related to Dhoni’s identity as a public personality, especially in the entertainment and cricket industries.
- Acceptance and Advertisement of MS Dhoni’s mark: The Registry after hearing arguments, came to the conclusion that since the phrase “CAPTAIN COOL” is linked with Dhoni, the applicant’s ( M.S. Dhoni) use of the same was unlikely to cause confusion among the masses. Consequently, the mark was approved for advertising under Section 20(1) of the Trade Marks Act, 1999, and the objection under Section 11(1) was waived.
- Opposition filed against MS Dhoni’s mark: Currently, Ashutosh Choudhary, a Delhi based advocate has opposed the trademark “Captain Cool” being accepted in Class 41. He challenges the Examiner’s judgment as unwarranted and in violation of the Trade Marks Act, 1999, invoking procedural flaws by the Trademark Registry and arguing that the word is generic and non-distinctive. Now counter statement is awaited from the side of Dhoni.
ARGUMENTS IN FAVOUR OF PRABHA SKILLS
1) Prior registered owner/proprietor for the mark:
MS Dhoni applied for the mark in June 2023 while Prabha Skill Sports (OPC) Pvt Ltd applied for the mark in July 2021 under the same class of goods and services and the same was granted registration in December 2021. Hence, Prabha Skill Sports (OPC) Pvt Ltd is the established prior adopter and registered owner of the mark ‘’ in relation to goods falling under class 41 and any subsequent person claiming right over the said mark would be termed to be the infringer of Prabha’s prior registered mark as per section 29.
The owner of a trademark acquires the sole right to use it in connection with the products or services for which it is registered. Prabha Skill Sports (OPC) Pvt Ltd can argue that their registration precedes any other application, including Dhoni’s, and so they own enforceable rights. It can claim exclusive rights of registered proprietor.
2) Onus of proof:
The fact that the mark was registered previously by Prabha Skill Sports (OPC) Pvt Ltd provides prima facie evidence of its validity. This transfers the burden of proof onto the opposing party (Dhoni) to demonstrate why the mark should be invalidated or corrected. Onus of proof lies on MS Dhoni as per section 57 and rule 97.
ARGUMENTS IN FAVOUR OF DHONI
1. Distinctive association of phrase with M.S. Dhoni’s persona:
Mahendra Singh Dhoni is celebrated worldwide by fans and recognized as ‘Captain Cool’ because of his collected attitude, calm demeanor and cool-headedness which led to his appointment as India’s cricket captain for T20 World Cup in 2007. He has earned the title of “Captain Cool” due to his exemplary performance and exceptional leadership during his professional career and leading India to win the T20 World Cup 2007, the ICC World Cup 2011, and the ICC Champions Trophy 2013.This associates the wordmark distinctively with his persona.
2. Wordmark indications related to Dhoni:
A. The published Biography of the Dhoni is titled as “Captain Cool: The M.S. Dhoni Story” which further proves that as a result of wide publicity, the title of Captain Cool solely belongs to him.
B. Series of published news articles wherein he has been referred as “Captain Cool”
C. Dhoni’s identity and the reputation of the moniker predate the cited mark and are supported by widespread public use, media coverage, and consumer recognition.
3. Wordmark can cause confusion to public if used by other:
By using the subject mark, the Company (Prabha Skill Sports (OPC) Pvt Ltd) not only can wrongfully use the goodwill of the Dhoni for its own benefit, but also can cause confusion in the minds of the general public since mark is well associated with him not only as a name but also as a brand in India which is adored by millions of fans.
CASE LAWS
1) Personality Rights:
DM Entertainment v. Baby Gift House & Ors (2003): In this case, dolls using singer Daler Mehndi’s name and likeness were utilized without his consent. The Court upheld his personality rights, recognizing that well-known individuals have the right to profit from their fame and protect others from unjust gain.
2) Substantial Amendment not allowed:
Intellectual Property Attorneys … vs Union Of India & Anr (2014): In this case court held that requests for amendments that aim to significantly change the trademark registration application will not be granted. It is not allowed to make significant changes to the trademark, owner information, goods/services specifications (except from removing some of the current items), or the statement on mark use.
However, requests to change the trademark’s proprietorship based on legitimate assignment or transmission, the applicant’s address or the applicant’s address for service, the removal or restriction of any item from the goods/services specification, or the restriction or limitation of the area where goods are sold or services are rendered may be permitted.
CONCLUSION
The trademark dispute over the phrase “Captain Cool” raises complex legal and cultural questions surrounding identity and prior use. Prabha Skill Sports (OPC) Pvt Ltd stands as the registered owner of the mark under Class 41, asserting their statutory rights. M.S. Dhoni’s application, on the other hand, is based on a long-standing public relationship between his persona and the nickname “Captain Cool.”
Despite procedural constraints, Dhoni’s case highlights the developing convergence of celebrity rights and trademark law. Finally, the resolution of this issue is dependent not just on precise statutory interpretation, but also on balancing private rights with public recognition and the ethical use of identity in business. As the opposition stage progresses, the final decision will determine whether reputation and legacy can supersede prior registration when a mark achieves iconic status through cultural effect.
Reference
- https://indianexpress.com/article/sports/cricket/ms-dhoni-files-trademark-application-for-captain-cool-phrase-10098143/
- The Trade Marks Act, No. 47 of 1999, s 2(m), s 11(1), s 30 & s 57(India).
- The Trade Marks Rules, 2017, r 97(India).
- https://www.barandbench.com/news/ms-dhoni-bid-to-trademark-captain-cool-accepted-opposition-window-open
- D.M. Ent. Pvt. Ltd. v. Baby Gift House & Ors., MANU/DE/2043/2010 (Del.) (India).
- Intellectual Property Attorneys … vs Union Of India & Anr (2014)(India).
AUTHOR- PRIYA NAHAR, AMITY UNIVERSITY, ALS, 4TH YEAR
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