Shaken, Not Sued: What Small Businesses Can Learn from the International Trademark Battle Around James Bond

James Bond might be a fictional character, but for some businesses, he’s a very real money maker. For those who own the rights, James Bond represents not just an action-packed film series, but hundreds of spin-off products and related opportunities. Trademark rights are integral to the capture of this revenue around the world.

As an ongoing legal case demonstrates, however, these rights can’t be taken for granted. In 2025, a Dubai-based outfit filed claims in the EU and the UK, arguing that ownership rights to the intellectual property around the James Bond brand had lapsed due to a lack of use. Court documents claim that the name, catchphrase “Bond, James Bond” and “007” tag have all lost protection due to five years of “non-use.”

This case isn’t likely to be resolved anytime soon and will play out in trademark courts across Europe. What we do know, though, is that active usage is an essential part of trademark protection. You may not be 007, but your brand still needs protecting, and blockbuster trademark cases can be instructive to every small business.

How Every Brand Can Learn From the Bond Trademark Battle

Diamonds may be forever, but trademarks are temporary without active protection and usage. Small businesses may think they have nothing to learn from global trademark battles, but you’re operating in the same commercial world, and the rules apply to everyone.

The Centrality of Trademark Rights

Trademark rights play a central role in commercial activities, allowing brands of every size to create, build and defend a unique identity that connects in meaningful ways with customers. James Bond is a powerful franchise precisely because of what the character represents to audiences: timeless style, class and action. By trademarking your name, logo and tagline (the brand version of a catchphrase like “Shaken, not stirred”), you ensure that these assets become uniquely associated with your own brand’s character and tone.

The alternative is dilution: a watered-down brand identity that lacks a powerful punch. If Bond entered the public domain, free for anyone to use, the character’s charm and draw would quickly be lost.

Brands must remember, though, that trademark rights have limits. For example, geographic restrictions often apply, and the battle over the rights to use IP from the James Bond franchise relates only to UK and EU protections. Brands operating across borders must understand the nuances of regional legislation, such as “first to file” vs. “first to use”, as well as defend and monitor their trademarks across the relevant regions.

How to Avoid “Non-Use” Pitfalls with Your Trademark

The central claim in the ongoing Bond case is that trademark protections have lapsed due to non-use. Most trademark courts require continued use in commerce to maintain trademark protection. This practice avoids trademark squatting and ensures all trademarks are genuine assets for active businesses.

While valid, this approach creates challenges for brands whose product lines, logos and taglines may at times be out of use. Brands should create robust monitoring protocols and regularly review trademark registrations to ensure they’re active components of your branding.

Crucially, usage is defined as genuine, current market activity and does not include potential or planned usage. In the United States, a trademark can be cancelled if use is not demonstrated in a five-year window. If this occurs, file a declaration of non-use with the USPTO to explain your mark’s temporary absence from the market. Evidence-gathering around usage or explaining non-usage is essential across all commercial activities to defend your trademarks.

Turning IP into Income: Licensing Lessons from Big Brands

The Dubai-based property developer challenging Bond’s current trademark restrictions has no intention of making James Bond movies, but the value of Bond’s name and catchphrase extends far beyond a movie franchise. From action figures to the usage of Bond’s likeness in marketing materials, capturing the ownership of these assets presents huge revenue opportunities through both usage and licensing.

For every business, brand-building activities generate more than awareness and recognition. As customer familiarity grows and your brand becomes trusted as a consistent provider, your brand assets become increasingly valuable to other businesses, creating licensing and franchising opportunities as an additional revenue stream for your business.

Even small and local businesses can benefit from these agreements. A local pizza place with a cult following could, for example, license its name or flagship topping choices to local festivals. Brand reach and recognition can be relevant locally, whether that’s geographically or in niche markets, creating opportunities for revenue streams for many smaller brands.

What Small Business Owners Can Do Today

If you find yourself in a trademark dispute, professional guidance is essential. As the Bond case is argued in European courts, legal trademark professionals will work for both sides in making the case for and against the nullification of pre-existing trademark rights. Small business owners should put in place today the safeguards to prevent similar challenges to their brand.

Trademarking considerations should factor into early brand decisions, including your name, domain name and logo. A trademark search to rule out names that overlap with existing businesses ensures that you’re building your brand on a strong foundation, one which can flourish into a unique brand identity that’s truly yours.

Trademarks aren’t set-and-forget. Once acquired, they require regular monitoring and maintenance, alongside continual evidence gathering to demonstrate your usage. Trademark law can be complex, and even small brands can benefit from consulting a trademark attorney for active protection, but for small businesses with just a few trademarks, it’s also possible to take a DIY approach. The recipe for strong, sustained trademarks is attention to detail, evidence and deadlines.

Trademarks: A License to Thrill

When major trademark battles hit the news, small businesses often fail to see the relevance, but everyone operating in a commercial setting needs to understand the importance of trademarking. When interacting with your audience, your brand name is no less important than Bond’s internationally known moniker, and the defence of that name should be a major priority as you grow.

In a sense, that’s what trademarking is all about: leveling the playing field between new startups and ubiquitous global brands. Whether you’re an international man of mystery or a regional brand impacting the lives of local customers, trademarks ensure that the name you’ve built trust in can’t be hijacked or diluted by competitors, no matter their size. In the world of business, your name is your license to thrill: protect it like 007 would.