Franchise owners have been challenged by Austrian businessman over trademark non-use. The owners of the multibillion-pound James Bond franchise are facing a legal battle to keep control of the trademark of the iconic British spy’s name. The revelation arrives after a Dubai-based property developer filed several claims in the UK and Europe over non-use, which could see the character stripped of his catchphrase: “The name’s Bond, James Bond.”.
Austrian businessman Josef Kleindienst has filed several “cancellation actions based on non-use” claims, which, under UK and EU law, mean that if a name is trademarked against several goods and services but the owner does not commercially exploit it for at least five years, then a challenge to remove ownership of the name can be made. The name of the character, last played by Daniel Craig in 2021’s No Time To Die, is subject to challenge across its variation of monikers that include: James Bond Special Agent 007, James Bond 007, James Bond, James Bond: World of Espionage and the famous “Bond, James Bond” line.
Kleindienst is the founder of the Kleindienst Group, which is currently building a $5 billion luxury resort called the Heart of Europe on human-made islands off the coast of Dubai. A spokesperson for the businessman told The Guardian that he has plans to utilise the Bond name if he wins his challenge. The James Bond trademarks are officially registered to US-based company Danjaq, which owns and controls the rights to global James Bond merchandising, alongside Eon.
Eon is the UK-based production company run by Barbara Broccoli and Michael G Wilson that’s been behind some of the franchise’s most successful films, including Casino Royale, Quantum Of Solace and Skyfall. The Independent has contacted Eon for comment. Mark Caddle, a partner and patent attorney at the intellectual property firm Withers & Rogers told The Guardian: “Following the date of the filing of the cancellations Danjaq has two months to submit their defence. If Danjaq wants to keep these alive they will need to engage in a trademark office action to show that they have used James Bond in the areas being challenged in the last five years.”.
He added: “In any case, Danjaq would certainly counter-challenge. James Bond is still well used and loved. I don’t think that route would be straightforward for him [even if he were to win].”. The news comes as James Bond producers continue their ongoing search for Daniel Craig’s replacement to play 007 in the franchise’s next film. The Fall Guy actor Aaron Taylor-Johnson was first rumoured for the role in January 2023 after it was reported that producer Barbara Broccoli had been left impressed by a screen test with the actor, whose credits include Kick-Ass, Bullet Train and Nowhere Boy.
