Mahendra Singh Dhoni has filed an application seeking the trademark of ‘Captain Cool’, but the process could take 4-5 years if it faces objections from third parties.

Due to the backlog of cases in the system, any application which faces a challenge usually takes a long time to settle. However, the former cricket captain could be lucky to get the registration in 6-8 months, if his application evokes no opposition.

Dhoni’s application was filed more than two years ago, but it has only been accepted by the Controller General of Patents Design and Trade Marks, which grants word mark, on June 16.

The Controller General’s office has advertised Dhoni’s application and it would wait four months to receive objection(s) before processing his registration.

In contrast, an entity named Prabha Skill Sports (OPC) Pvt Ltd, has already registered the name even as it appears that a rectification, which may lead to cancellation, has been filed now.

“Mahendra Singh Dhoni is seeking a monopoly over the usage of the wordmark ‘Captain Cool’. However, it is debatable if these words are distinctive only to him.
This is an expression given to him by others, media or cricket commentators,”
observed Shailendra Bhandare, a partner in legal firm Khaitan & Co.

Bhandare, who specialises in intellectual property rights law, pointed out that even though there is media frenzy about the matter, Dhoni is yet to get the trademark and his application is open to opposition.

Moreover, a third party has already obtained the trademark ‘Captain Cool’, which is facing cancellation action from Dhoni.

Dhoni could still obtain registration while this cancellation is pending provided Dhoni’s trademark application is not opposed, in which case it could take 4-5 years
for the opposition to be decided by the Trade Marks Registry, he noted.

Apart from the technical and legal issues and the backlog in the Indian system, Bhandare posed a more philosophical question. “Can Dhoni appropriate the identity which has not been self-created and which is a generic term?” he asked while referring to identities given to other sportspersons and cricketers over the years, such as ‘The Wall’ for Rahul Dravid or ‘Dada/Prince of Calcutta’ for Sourav Ganguly.

Earlier this month, Dhoni was inducted into the ICC’s Hall of Fame along with seven other cricketers. The ICC hailed Dhoni as a player who excelled not just in numbers but also in “extraordinary consistency, fitness and longevity”.

“Celebrated for his calm under pressure and unmatched tactical nous, but also a trailblazer in the shorter formats, MS Dhoni’s legacy as one of the game’s greatest finishers, leaders and wicketkeepers has been honoured with his induction into the ICC Cricket Hall of Fame,” the ICC said.