On July 10th, two individuals (without the help of an attorney) jointly filed a trademark application for JAMES BOND: THE MUSICAL related to "[e]ntertainment services in the nature of live visual and audio performances, namely, musical, variety, news and comedy shows[.]" The applicants filed under an "intent to use" basis.
Unfortunately for these applicants, Danjaq, LLC owns the trademark rights to JAMES BOND and has several previous registrations related to the term, including a registration in the class of entertainment services.
When this application is assigned to an examining attorney in approximately three months, a likelihood of confusion office action will be issued (at the very least). If this application magically makes it past the examining attorney, it would certainly revoke a strong response from Danjaq, LLC (if it has not already). In other words, these applicants will not be using this trademark without a license. Bad news for anyone hoping for a James Bond Musical.
This is a perfect example of the importance of working with a trademark attorney when registering a trademark. An attorney with even the slightest understanding of trademark law would have advised against this filing. In this case, the applicants' $225 nonrefundable filing fee is almost certainly lost.
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