Protecting the Allure: Trademark and Celebrities
A CELEBRITY is a person who is widely recognized in each society and commands a degree of public and media attention. A person can be said to be a celebrity when he is popular in public eye. As per Oxford definition A “celebrity” is a person in the public eye who, for better or worse, has earned fame or infamy, or found renown or scandal, as a consequence of some act or supposed quality, and is celebrated as a result. Today, the word is often associated with people in the entertainment business. Linked closely to fame, and dependent on the media for both public circulation and image evolution, “celebrity” is a word with a long history and extraordinary cultural significance. It is also a concept that had been radically redefined and expanded over the past three hundred years.
pc:www.britannica.com
The concept of being a
celebrity started since 1862 when Sarah Bernhardt (first international stage
star, October 23, 1844–March 26, 1923) debuted in the title role of
Racine’s Iphigénie and built a reputation as a versatile
actress with an expressive voice and poetic gestures. Sarah Bernhardt was
considered to be first celebrity globally.
The hypothetical pressure created by celebrities as a matter of endorse a service or product is also known from the Queens and Popes era when they asked to endorse patented medicines. No wonder this technique has never failed from last nearly 500 years.
To gain the name as celebrity there must be
some certain hard work, dedication and few intellectual thing should present in
a persons to attract the common people or the vibes should match with the
audience for entertainments related areas. The term celebrity refers to an
individual who is known to the public for his or her achievements.
The use of a celebrity in an
advertisement may also help to breathe life into a failing brand.
This blog covers the trademark
and some other IP protections filed by the celebrities focusing on India only and
their current status:
Definition of Celebrity
The laws governing
intellectual property in India do not provide a specific definition for the
term 'celebrity'. However, the Indian Copyright Act defines the term
"performer" in a way that could potentially encompass the concept of
a "celebrity". A performer is described as including individuals such
as actors, singers, musicians, dancers, acrobats, jugglers, conjurers, snake
charmers, lecturers, or any other person who gives a performance. Special
rights are granted to performers under Section 38 of the Indian Copyright Act.
While this definition is not exhaustive, celebrities can generally be
understood as individuals who are widely recognized by a significant portion of
a particular group. Therefore, not all performers are necessarily celebrities,
and vice versa. Characteristics such as attractiveness, unique lifestyle, or
exceptional talents are commonly associated with celebrities. In essence, a
celebrity is someone who is renowned to the public for their accomplishments.
Trademark for a person - A
Possibility or opportunity ?
An individual cannot be
registered as a trademark, and therefore there is no legal basis for protecting
image marks. The Trademarks Act of 1999 does not specifically address the
registration of names, so it can be assumed that registering a personal name is
permissible. According to Section 2(zb) of the Act, a trademark is defined as a
mark that can be visually represented and is capable of distinguishing the
goods or services of one person from those of others. This definition
emphasizes that a trademark cannot be registered on its own; it is registered
to safeguard the brand reputation of an individual.
Legally,
if a celebrity wishes to register their name as a trademark, it must be
associated with specific classes of goods and/or services. For example, Shah
Rukh Khan has applied to trademark 'SRK' across nearly all 45 classes. It is
important to note that if a registered trademark is not actively used for a
continuous period of five years, it may be subject to removal from the
trademark register. This provision serves as a safeguard against defensive
registrations.
Other celebrities and their trademark applications:
1. Shah Rukh Khan
TM WORD: S.R.K. , Srkworld
TM Application No. 953400, 953402, 968194, 968197, 970166 , 1744446, (Class 09), 2985277 (Class 25)
Celebrity
Shahrukh Khan has filed more than 100 Trademark applications in almost every
class to cover the brand name as SRK.
Interestingly, For example, the trademark 'SRK' (Application
No. 1737534 – faced opposition and now Abandoned) has been applied for claiming
usage since Aug 16, 2000, in the context of "insurance; financial affairs;
monetary affairs; real estate affairs" under class 36. It is uncertain
whether Shahrukh Khan has genuinely utilized the initial 'SRK' in connection
with these services (if he had, it would likely have been reported by the
media). The key question that emerges is the rationale behind claiming such
usage.
2. KAJOL DEVGAN
(Pic
credit: Trade Marks Journal No: 1428: 2009)
TM
WORD: KAJOL
TM
Application No. 1752937, 4366037 (Class 41)
Kajol has applied the TM applications for covers the Goods
& services for Education; Providing of training; Entertainment; Sporting
and cultural activities under class 41 and have 02 registered trademarks.
3. SUNNY LEONE
Word Mark: SUNNY LEONE
TM Application: 3617127 (Class 41)
Stunning actor and adult industry sensation Sunny Leone interestingly
filed a TM Application with her original name as applicant Ms. Karenjit Kaur
Vohra which also now known as Sunny Leone. The Goods & services covered TELEVISION
AND FILMS PRODUCTION; PRODUCTION OF SHOWS AND FILMS; THEATRE PRODUCTIONS;
PRODUCTION OF MUSIC; MEDIA AND ENTERTAINMENT-SERVICES.
4. AJAY DEVGAN
Pic credit: ipindia
TM WORD: DEVGANS, DEVGANS FILMS
TM Application NO. : 1660891, 1701559, 4739670 (Class 41)
Famous film actor Ajay devan has also filed three registered
trademark application under class 41 focusing on the mark related to devgans
and their films. The Goods & services covered EDUCATION, PROVIDING OF
TRAINING, ENTERTAINMENT, SPORTING AND CULTURAL ACTIVITIES.
Interestingly Ajay devgan has also filed his signature as the
trademark.
Pic credit: ipindia
5. AMITABH BACHHAN
TM WORD: AMITABH BACHCHAN
TM Application No. 682803, 682807 (Class 09)
Veteran actor Amitabh Bachchan has also applied the trademark
application in a very early stage dated September 1995 we have located 2
trademark application under class 9 which has already been registered to AMITABH
BACHCHAN CORPORATION LTD. for providing PRE-RECORDED & BLANK AUDIO &
VIDEO CASSETTES; DISCS; TAPES & RECORDS; VIDEO MAGAZINES; FILMS; CINEMA
SLIDES; CINEMATOGRAPHIC FILMS; PICTURES, VIDEO FILMS & DOCUMENTARIES;
TELEVISION RECEIVING SETS; VCPS & VCRS'; SOUND & VISION RECORDING &
REPRODUCING SYSTEMS & APPARATUS VIDEO GAMES.
When we came to dig out all the trademark application related to celebrities there is a more than 2000 applications and 50% of the applications has already been registered and rest has been opposed or abandoned for some miscellaneous reasons.
The question is whether these initials or celebrity named trademark application can barred other business owner, entrepreneur, small industry limited and other applicants who came around and business with the name similar or related to already file applications which has been filed by celebrities. From legal and generous perspective the answer is No because there should be some rational behind giving the rights related to trademark and it's fulfillment for the society is also an important factor to maintain these trademarks for a long period of time.
A number of news articles also suggested that he can stop anyone from using his initials. I’m certain that the actor cannot stop ‘anyone’ from using his trademark, protection will be limited to the classes under which protection has been sought and will solely be with reference to goods or services. It is pertinent to note that the actor has sought protection in almost all the 45 classes and the Act expressly prohibits such defensive registration and this most certainly extends to celebrities as well. So the question is whether such application or registrations provide blanket protection to SRK under all 45 classes? Not really. A mark can still be opposed, cancelled or removed from the register on grounds of non-use, so the right is not free from any kind of legal impediments. Therefore, in my opinion, it is advisable to limit or restrict the applications to the classes in which the mark is actually being used or is proposed to be used in the future.
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