A Trade Mark is Not Enough: When trade marks are a clue towards a bigger dispute

It has been in the news this week that multiple James Bond and 007 trade mark registrations in the UK and EU are subject to new cancellation actions. In the UK and EU, a trade mark may be subject to cancellation if it is over five years old and if it has not been not commercially exploited by its owner. Broadly speaking, this is to ensure freedom of use on the marketplace and to ensure that those who are not genuinely using their trade marks cannot continue to enforce them against others or prevent others from registering their marks.  

In the case of the James Bond trade marks, the cancellation actions have been filed perplexingly by a Dubai-based property developer - Mr Josef Kleindienst. Whilst it is true that any third party can file a trade mark cancellation, such actions can be costly and time-consuming, such that usually only those with a real interest would do so.

One of the registrations subject to cancellation is a UK registration for JAMES BOND SPECIAL AGENT 007, which dates back to 1967 and covers ‘model cars’ in class 28. The James Bond trade marks are currently owned by US company Danjaq who hold the merchandising rights in relation to the James Bond franchise, in conjuction with UK-based film production company Eon. 

It has since been revealed that Mr Kleindienst has filed the cancellation actions with the intention of protecting the wider James Bond franchise, noting his decision to “invest and support, letting today’s fans and future generations enjoy James Bond”. There have been rumours about the franchise's future, with many fans apparently concerned. Mr Kleindienst's further intentions are not yet clear.

Because trade mark registers are official public records, they can often provide the first clues towards a bigger or wider dispute. In this case, since news of the cancellations was released, Mr Kleindienst released a statement, claiming that ‘James Bond will not die on our watch’ and seemingly trying to stake a claim to the James Bond rights. 

Watch this space for further developments…

“James Bond will not die on our watch,” the businessman challenging the ownership of the rights to 007’s name has said

www.theguardian.com/...