The James Bond franchise is facing a significant legal challenge to its trademarks in the UK and Europe, initiated by Austrian businessman Josef Kleindienst. Here’s a concise overview of the situation based on available information:
Kleindienst, a Dubai-based property developer behind the $5 billion Heart of Europe resort project, has filed multiple “cancellation actions based on non-use” against James Bond trademarks, including “James Bond,” “007,” “James Bond Special Agent 007,” and the iconic catchphrase “Bond, James Bond.” These trademarks are owned by Danjaq LLC, a U.S.-based company that controls global Bond merchandising rights, in partnership with Eon Productions, the UK-based company responsible for producing the Bond films.
Under UK and EU trademark law, a trademark can be revoked if it has not been genuinely used in commerce for the registered goods or services for a continuous five-year period. Kleindienst claims that Danjaq has not actively used the Bond trademarks in specific sectors, such as models of vehicles, computer programs, electronic comic books, electronic publishing, design, restaurants, cocktail lounges, and accommodation services. If successful, Kleindienst could potentially use the Bond name in these areas, reshaping the brand’s commercial landscape.
Danjaq must prove “genuine use” of the trademarks within the last five years to maintain their registrations. This involves providing evidence like sales figures, invoices, advertising materials, or other proof of commercial activity in the relevant sectors. The company has submitted a defense in the UK and requested an extension to respond to the EU Intellectual Property Office (EUIPO), with a deadline initially set for late March 2025 and a possible extension to mid-June 2025 under exceptional circumstances. Failure to demonstrate use could lead to partial or full revocation of the trademarks.
The challenge comes at a time when the franchise is in transition, with no new Bond film since No Time to Die in 2021, prompting Kleindienst to argue that the lack of recent activity weakens the trademarks’ protection. However, Danjaq and Eon, led by producers Barbara Broccoli and Michael G. Wilson, are known for fiercely defending their intellectual property. They are likely to counter-challenge, and recent activities like a James Bond LEGO set in 2023 and a video game in development could support their claim of active use in some categories.
This legal battle underscores the importance of proactive trademark management. The outcome could set a precedent for how iconic brands handle non-use challenges, with implications for the Bond franchise’s future in Europe and beyond. For now, Danjaq has until mid-2025 to solidify its defense, and the franchise’s legacy hangs in the balance.
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