1 year ago

As students of IPRs, we have studied about Patent Trolls and have observed a few examples here and there. However, while working on a Trademark Search Report during the period of my internship at MSGM FIAT JUSTITIA LLP, I came across a few trademarks that could very well fall under the term ‘troll’.

A trademark application for ‘Kylian Mbappe’, who is a PSG and France National Team Forward, was filed by Delhi based M/S Kafson India Marketing in 2019 under Class 35 (4326070 ). Surprisingly the examination report gave the mark a green flag and it was then duly published in the Trademarks Journal. Mbappe’s legal team has filed a much-expected opposition.

The same applicant has also filed another application for ‘CR7’, and it has followed identical steps as Mbappe (4064580 ).

The very recent ‘PS5’ matter, caught many eyeballs whilst the above mentioned went almost unattended. Sony had a sigh of relief as the applicant for ‘PS5’ withdrew his application (suspicious?).

With such examples at hand, is it reasonable to have stricter mechanisms for registering a mark? Or is it reasonable to expect such famous personalities to be vigilant enough and oppose these applications?