Tag: trademark examples india

  • The Weirdest Celebrity Trademarks: From “Captain Cool” to King Khan

    When you hear the word trademark, you probably think of logos, brand names, or some catchy slogans. From Nike’s swoosh, McDonald’s golden arches, or Coca-Cola’s script. But in today’s celebrity-driven economy, trademarks go beyond companies. They’re personal. Celebrities are trademarking their nicknames, voices, signatures, and even their children’s names.

    Some of these actions are clear safeguards for the brand. Others? They sound absolutely strange. However, every “weird” trademark has a plan. It’s regulating identity, guarding against abuse, and making money off of a celebrity. Now, let’s examine some of the most bizarre and astute celebrity trademarks from India and around the globe.

    MS Dhoni: Owning “Captain Cool”

    Mahendra Singh Dhoni, India’s cricketing legend, is admired worldwide for his calmness under pressure. The moniker “Captain Cool” has now become a part of his public persona. It is no longer a fan-made phenomenon.

    An examination objection was raised against MS Dhoni’s trademark application for “Captain Cool” after it was filed on June 5th, 2023. The aforementioned objection was based on Section 11(1) of the Trade Marks Act, 1999. This meant that there was a chance that it would be confused with a mark that was similar and had been submitted by Prabha Skill Sports OPC Ltd. The aforementioned objection was ultimately dropped after Dhoni’s attorney argued that the nickname had taken on a secondary meaning that helped set him apart in the public eye.

    Following the Registry’s acceptance of this argument, the mark was published in the Trade Marks Journal on June 16, 2025. This marked the beginning of a four-month period that ended on October 15, 2025, during which any third party could file an opposition against the mark’s registration.

    Pro Tip: So even a casual nickname can become valuable like intellectual property if the public strongly associates it with you.

    Shah Rukh Khan: Locking down “King Khan” and “SRK”

    In India and abroad, Shah Rukh Khan has established one of the most powerful celebrity brands. He therefore registered “King Khan” and his initials “SRK” as trademarks to protect them. Now, why is this relevant? Think long term, of fan items, movie promotion, or sponsorships. If no trademarks existed, anyone could put “King Khan” on a tee and sell it. Trademark registration guarantees that only authorized goods bear its brand, protecting both earnings and reputation.

    SRK’s strategy is part of a larger truth: in the era of fan culture and culture capital, a name is not merely a that but it’s an asset.

    Amitabh Bachchan: Trademarking a Voice

    Perhaps the most fascinating example in India is Amitabh Bachchan. The superstar hasn’t just trademarked his name and signature; he has trademarked his voice. That deep baritone is instantly recognizable across India. Unauthorised use may increase dramatically as AI voice cloning technology advances. Bachchan protects himself from exploitation by trademarking his voice.

    Think about it: we live in a time when even a voice is property. Bachchan was smart enough to lock it down.

    Global Oddities: Quirky Celebrity Trademarks Abroad

    India isn’t alone in strange celebrity trademarks. Internationally, stars have gone even further. Beyoncé and Jay-Z trademarked their daughter’s name, Blue Ivy Carter, after discovering others were trying to file it for baby products.

    Taylor Swift has trademarked phrases from her lyrics like “This Sick Beat” and “Cause We Never Go Out of Style”. It sounds excessive, but with her merchandise empire, these are business tools. Even Paris Hilton trademarked “That’s Hot”, a catchphrase from her reality TV days. She has even sued companies for unauthorized use. Famously, Donald Trump attempted to trademark “You’re Fired” from The Apprentice. Although partly rejected, it shows how far celebrities go to monetize catchphrases. The rapper 50 Cent tried to trademark his name for alcohol, clothing, and even video games. Michael Buffer, the boxing announcer, trademarked his phrase “Let’s Get Ready to Rumble!” and reportedly earned over $400 million in licensing.

    These examples highlight a growing trend: words, sounds, and identities are business assets.

    The Law Behind the Spectacle

    So, how does the law allow all this? Trademarks in India are governed by the all-encompassing Trade Marks Act, 1999. The essential clauses are:

    • According to Section 2(1)(zb): a trademark is any mark which includes names, words, sounds, signatures, and even colours that can be used to identify goods or services.
    • Section 9: Uniqueness is required. If a nickname or phrase is closely linked to a well-known individual, it is deemed eligible.
    • Section 11: Registration is forbidden if it conflicts with already-existing marks unless the applicant can show acquired distinctiveness.
    • Passing Off Principle: As singer Daler Mehndi defended his personality rights in D.M. Entertainment v. Baby Gift House, celebrities, even if they are not registered, can sue if someone uses their image to mislead consumers.

    Globally, similar laws exist. In the U.S., the Lanham Act protects trademarks. So, celebrities often rely on it to secure exclusive rights over names and catchphrases.

    Why These Trademarks are Important

    On the surface, these registrations appear odd. But they are understandable when you understand the reasons:

    • Identity Protection: Avoiding misuse in advertising, endorsements, or imitation merchandise.
    • Commercial Expansion: Developing nicknames or catchphrases into brands for clothing, events, or even restaurant chains.
    • Cultural Control: Protecting their persona from being taken over in ways that damage their reputation.
    • Future-proofing: With deepfakes, AI, and digital content, owning your face, voice, or slogan is more important than ever.

    Case Study: Dhoni vs. SRK vs. Bachchan

    • Dhoni (“Captain Cool”): Fan-based, commoditized in sports/entertainment.
    • SRK (“King Khan” & “SRK”): Emphasizes worldwide stardom and avoids image dilution.
    • Bachchan (Voice & Signature): Future-oriented, guards against AI abuse.

    All three cases illustrate how Indian celebrities are catching up to speed with global branding.

    The Strangest Trademarks Ever

    Apart from celebrities, there are simply weird registered trademarks:

    • Harley-Davidson attempted to trademark its engine roar.
    • Hasbro has trademarked the smell of Play-Doh.
    • Tiffany & Co. trademarked its own “robin’s egg blue.”

    These oddities show the sheer breadth of what can be trademarked if it’s distinctive enough.

    The Takeaway: Identity Is the New Property

    The stories of Dhoni, Bachchan, and Swift tell us one thing for certain: in the 21st century, your identity is not just who you are; it’s a business asset. The law is gradually adapting to this new reality. It forces all of us to ask a very modern question: what parts of ourselves are worth protecting on paper? The answer, it turns out, might be more than we ever imagined.

    For celebrities, trademarks are shields guarding against exploitation and swords creating revenue streams. For businesses, there are lessons in brand strategy: if you build recognition, protect it. What sounds like a weird ego move is usually a smart business strategy.

    Author Details-Apoorva Lamba (3rd Year Student, Madhav Mahavidyalya, Jiwaji University, Gwalior)

  • TYPES OF TRADEMARKS

    Intellectual Property (IP) refers to the original creations of the human mind, such as inventions, artworks, literature, designs, and unique symbols, names, or images used in trade or business. Laws such as patents, copyrights, and trademarks protect these creations, allowing individuals and companies to gain recognition or financial rewards for their innovation and effort. The goal of the IP system is to maintain a fair balance between encouraging innovation and serving the public interest, so that creativity can thrive. A trademark is one such type of intellectual property right. In the upcoming paragraphs, we will learn about different Types of Trademarks.

    The World Intellectual Property Organization (WIPO) defines a trademark as:

    A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights. ~ WIPO

    Trademarks in India are governed by the Trademarks Act, 1999, which defines ‘mark’ and ‘trademark’ as follows:-

    Section 2(1) (m): Trademark must be a mark which includes a device, a brand heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof;

     Section 2 (zb)“Trademark” means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors; ~ Trademarks Act, 1999

    History in brief

    Before codified trademark legislation existed in India, trademark rights were protected under common law through the equitable remedy of passing off. Inspired by the English Trademark Act of 1875, the first attempt to introduce similar legislation in India came in 1879, but it failed to gain traction. India got its first official trademark law with the enactment of the Trade Marks Act, 1940, which was inspired by the UK Trade Marks Act of 1938. Before that, trademark-related disputes were handled under Section 54 of the Specific Relief Act,1877.

    To address the growing commercial needs of a newly independent nation, the Trade and Merchandise Marks Act, 1958, replaced the 1940 Act, consolidating trademark laws with provisions from the IPC and CrPC. Eventually, with globalization and the need for TRIPS compliance, the Trademarks Act, 1999, was introduced and remains the governing law today, supported by the Trademark Rules, 2002.

    Types of Trademarks

    1. Product Mark

    Definition: A product mark is used on goods or products to identify the source and distinguish it from similar products.

    Covered under the definition of “trademark” in Section 2(1) (zb).

    Example: puma (for shoes and sportswear),

    AMUL (for dairy products)

    2. Service Mark

    Definition: A service mark refers to a mark that helps identify and set apart services instead of physical goods. As per Section 2(1)(zb), the definition of a trademark explicitly includes such marks that can distinguish one service from another.

    Example: Netflix (streaming platform providing streaming entertainment Services

    Airtel networks (Telecommunication services).

    3. Collective Mark

    Definition: A collective mark is a symbol or sign used by members of an organization or group to show their connection to it and to indicate where the goods or services come from.
    Section 2(1)(g) defines a “collective mark”

    Example: CA (used by members of the Institute of Chartered Accountants of India).

    4. Certification Mark

    Definition: A certification mark is used to verify certain qualities of goods or services, such as their origin, materials used, quality, or the way they are made.

    Defined under Section 2(1)(e)and governed by Sections 69–78 of the Act. Example: ISI mark (certifies safety and quality), FSSAI mark for food products

    5. Well-Known Trademark

    Definition: A well-known trademark is a mark that has become widely recognized among a substantial segment of the public in India.

    Defined under Section 2(1)(zg)

    The Registrar may determine a mark to be well-known under Section 11(6) (9).

    Example: Google, Coca-Cola, Apple.

    6. Word Mark

    Definition: A word mark consists of letters or numerals, used without any special stylization.

    It is protected regardless of font or color. Falls under the general definition of trademark in Section 2(1) (zb).

    Example: TATA, Infosys.

    7. Device Mark

    Definition: A device mark refers to a visual element like a logo, label, or graphic that represents a brand. It falls under the meaning of “mark” in Section 2(1)(m) and is also included in the definition of “trademark” under Section 2(1)(zb).

    Example: (a)Apple’s bitten apple logo,

    8. Shape Mark

    Definition: A shape mark protects the shape of goods or their packaging if it is capable of distinguishing goods.

    Included in Section 2(1)(m) and Section 2(1)(zb),” marks may include the shape of goods or their packaging”.

    Example: (a) Coca-Cola bottle shape

    (B) Toblerone chocolate bar

    9. Sound Mark

    Definition: A sound mark is a unique sound linked to a brand that helps people recognize where a product or service comes from. Although not explicitly defined in the Act, sound marks are registrable under Rule 26(5) of the Trade Marks Rules, 2017, and are considered part of non-traditional trademarks under Section 2(1)(zb).

    Example: (a)Netflix’s TUDUM, (b)IPL trumpet tune.

    10. Color Mark

    Definition: A specific color or combination of colors that uniquely identifies a brand, provided it has acquired distinctiveness.Included within Section 2(1)(m) and 2(1)(zb), which do not exclude color marks. Example: The unique blue color of Tiffany and Co.

    11. Pattern Mark

    Definition: Patterns that are distinctive and associated with a particular brand.
    Recognized under Section 2(1)(m) and Section 2(1)(zb).

    Example: Louis Vuitton’s checkerboard pattern.

    Conclusion

    Trademarks are not just legal terms; they are the face of a brand. Whether it’s a logo, a specific color, a catchy tune, or even the unique shape of packaging, trademarks help consumers instantly recognize and trust a product or service. In a marketplace overflowing with choices, trademarks act as powerful tools for businesses to stand out and build lasting relationships with their customers.

    The Trade Marks Act, 1999, has played a crucial role in formalizing and safeguarding this identity. By covering a wide range of traditional and non-traditional marks, the Act ensures that businesses can creatively express their uniqueness while enjoying robust legal protection. It also brings India’s trademark law in line with international standards, helping Indian brands compete and grow globally.

    The wide classification of trademarks, such as product marks, service marks, certification marks, collective marks, well-known marks, and more, demonstrates the law’s adaptability to diverse sectors and industries. It recognizes that brands are not limited to names or logos but can be embedded in every aspect of a product’s identity, including its look, feel, sound, or even its scent (in some jurisdictions).

    In conclusion, trademarks are much more than legal instruments, they are strategic assets. A well-protected trademark can become a symbol of trust, a competitive advantage, and a tool for global outreach. For any business or entrepreneur, understanding the types of trademarks and the legal protections available under Indian law is not just advisable, but essential for long-term brand development and commercial success.

    REFFERENCES

    • WorldIntellectual Property Organization(WIPO),https://www.wipo.int/en/web/trademarks
    • Department for Promotion of Industry and Internal Trade (DPIIT), Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Government of India
      https://ipindia.gov.in/ accessed 27 May 2025.
    • Indian Kanoon, The Trade Marks Act, 1999, https://indiankanoon.org/doc/117176/
    • Legislative Department, Ministry of Law and Justice, The Trade Marks Act, 1999 – Bare Act, https://legislative.gov.in/sites/default/files/A1999-47.pdf
    • World Trade Organization (WTO), TRIPS: Agreement on Trade-Related Aspects of Intellectual Property Rights, https://www.wto.org/english/tratop_e/trips_e/trips_e.htm

    Author : Arti Pathak