A Delhi-based lawyer has opposed former Indian cricket captain Mahendra Singh Dhoni’s application seeking trademark of the term ‘Captain Cool’.
The objection was raised by Advocate Ashutosh Choudhary of KAnalysis Attorneys at Law on the grounds of serious procedural lapses and lack of evidence of prior use.
The applicant claimed that the phrase was generic, descriptive and intrinsically linked to public commentary and sporting culture, rather than to any distinct source or commercial origin.
Dhoni’s celebrity status alone could not justify monopoly over a generic and descriptive phase that has been widely in public commentary and sporting culture for multiple sportspersons over the years.
The trademark lacked inherent distinctiveness and faiied to meet the statutory requirements under the Trade Marks Act, 1999, it added.
Dhoni had filed an application under Class 41 in June 2023 in the Trademarks Registry, Kolkata Office, to trademark the phrase ‘Captain Cool’ for services related to education, entertainment, sporting and cultural activities, including coaching and training.
His application was accepted and advertised in June 2025. The trademark was published in the journal on June 16, 2025, to invite objections. As per the Trademarks Registry, if no objection or opposition was raised to the trademark within 120 days from June 16, the trademark would be granted to Dhoni.
Originally submitted for registration on a “proposed to be used” basis, the mark was later amended to include a claim of prior use since 2008.
Advocate Choudhary contended that this amendment was made without supporting evidence or an affidavit, only after the Registry issued multiple examination reports and hearing notices over nearly two years.
The lawyer claimed that it was a deliberate and mala fide attempt to circumvent objections raised during multiple hearings.
He further raised serious procedural concerns about the conduct of the Trade Marks Registry. As per the notice, the Registry issued repeated hearing notices before accepting the mark, and the applicant’s claim of prior use was introduced late in the process without formal acceptance.
Advocate Choudhary pointed out that no provision under the Trade Marks Act permitted such an amendment to the nature of the application during the examination phase.
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