Tomorrow Never Dies, but 007’s Trademarks in Europe Might

Tomorrow Never Dies, but 007’s Trademarks in Europe Might

James Bond is finally back in action, just not in the way fans would expect.

Early this year, Josef Kleindienst, an Austrian property developer, filed claims in the United Kingdom (UK) and European Union (EU) that several of the trademarks connected to the James Bond franchise have not been used as required to maintain trademark protections in these jurisdictions. If successful, these “non-use” challenges will lead to the cancellation of the existing trademarks and could open opportunities for others to use the trademarks.

Mr. Kleindienst claims that several trademarks, such as the moniker “007” and the catchphrase “Bond, James Bond” have not been used in connection with certain products or services in both the UK and EU in the past five years.

Might this be a view to a kill?

Both the UK and EU, require trademark owners to continuously use registered trademarks in order to keep the registrations valid. If trademark owners do not, registrations become vulnerable to attack by third parties. Such provisions are commonplace globally and are meant to ensure that trademark registrations which are not actively being used are not blocking new registrations or hampering competition in the market.

So, what does this mean for the future of the James Bond brands in Europe? At this point, that is still to be determined.

Managers of the franchise are preparing to defend against these claims and show that the marks have been used in the UK and EU during the last five years. If they fail to prove use for any goods or services, the trademark registrations will lapse. Although this could mean opportunists seeking to capture Bond brands, the owners of the James Bond trademarks would likely take legal action to prevent new uses from creating possible confusion with their existing uses of the marks.

Even though these non-use cancellations pose legitimate risks to the protections of the James Bond trademarks, fans of the films may be shaken but need not be stirred, this will not mark the end of the franchise. The Bond trademarks for use on films are not the subject of the proceedings and are not at risk.

Additionally, Amazon recently acquired control of the James Bond intellectual property rights and has now announced the director of the next chapter. For fans, hopefully this means the new candidate to replace Daniel Craig will be revealed in short order.

While we wait for the final scenes of Mr. Bond’s fight against a trademark nemesis, it’s important for trademark owners to take note: criminal masterminds are not the biggest threat. Every jurisdiction has its own requirements for maintaining trademark registrations. Trademark owners need to be diligent in identifying and adhering to those requirements to avoid their own fights for the lives of their trademark registrations.

Trademark registrations across the globe need to be monitored and maintained appropriately or they may yet die another day.

Benjamin Becker is an Associate with Fishman Stewart PLLC, specializing in intellectual property law. Ben focuses on trademark law, providing comprehensive services including foreign and domestic prosecution, agreements, negotiations, assignments, and enforcement.

Michael Stewart Named to Forbes Best-In-State Lawyers List for 2025

We’re proud to share that Fishman Stewart co-founder and managing partner Michael B. Stewart has been named to the inaugural Forbes list of Best-In-State Lawyers for 2025 — and is the only intellectual property attorney in Michigan to receive the honor.

The Forbes list, compiled through a rigorous evaluation process, recognizes outstanding lawyers across all 50 states and a range of legal disciplines. Stewart’s selection underscores not only his global leadership in intellectual property law, but also the collective excellence of the Fishman Stewart team.

In reflecting on the recognition, Stewart was quick to credit the firm:

“This is a firm honor. Our attorneys and support staff consistently demonstrate professionalism, creativity, and dedication — and this recognition reflects the strength of our team and our shared mission.”

That mission includes elevating awareness around the power of intellectual property — through speaking engagements, legal leadership roles, and outreach efforts like the Fish Tank® newsletter, Finnyettes, and more.

Stewart, who holds multiple degrees from the University of Michigan, also recently earned a place on the IAM Patent 1000 list and has been recognized repeatedly as an IP Star, Best Lawyer, and Michigan Super Lawyer.

Please join us in congratulating Michael on this well-deserved recognition!