Registering the mark “And Then There Were None” after more than 80 years since the publication date

Agatha Christie’s “And Then There Were None” is her most popular works published more than 80 years ago. However, when Agatha Christie Limited, the company set up by the author herself which is now being operated by her great-grandson files for the trademark registration of the words, they got denied repeatedly … until now. 

Recently in the case of Agatha Christie Limited v. Registrar Of Trade Marks, the Delhi High Court has granted trademark protection to the mark “AND THEN THERE WERE NONE”.

The celebrated crime fiction author Agatha Christie’s book had been published 80 years ago and the Court confirmed its trademark registration after the Trademark Registry had rejected the application. 

The battle to protect the legacy

According to the official information from the Delhi High Court, the battle to protect the legacy of Agatha Christie, or the right to register her most popular book’s name as a trademark, starts in 2017 when the plaintiff – Agatha Christie Limited filed for trademark registration for the mark “AND THEN THERE WERE NONE” in 2017 under classes 9, 16 and 41. 

Although at that moment, there hasn’t been any remotely similar mark to their mark in relation to the goods and services, however, according to the plaintiff, the Trademarks Registry still rejected the application. 

The Registry denied the registration and provided the following responses: “the applied mark is a kind of mark where one needs to educate the people that its not just any phrase but a trademark and is intended to be so used. Applied mark is only proposed to be used. There is no substantive evidence that the applied mark has been used as a trademark ever. Applied mark lacks distinctiveness.”

The Court steps in

The Court, finding in favor of the Plaintiff and setting aside the impugned order opined that “The Trade Marks Act, 1999, confers, as a matter of right, the right to register a trademark which does not suffer from any of the infirmities which the Act contemplates.”

According to the Hon’ble Justice, there is no answer for the reason why the mark in question was deemed not to be distinctive when there was no other similar mark in use at the time and the mark is not even descriptive of the goods or services in respect of which the registration was sought. 

Finally, the Court held that: “Essentially, if the mark is distinctive, and is not identical or confusingly or deceptively similar to any earlier mark which is registered or in use from a prior date in respect of similar goods or services, or which results in the passing off, by the applicant, of its goods or services as those of another, registration of the mark is a matter of right.” 

Expert opinions

Savitha K Jagadeesan, senior resident partner at Kochhar & Co. in Chennai stated about the case between Agatha Christie Limited and the Registrar Of Trade Marks: “The mark has definitely attained popularity amongst the public, all the correct tick boxes which mean the mark deserved protection from others exploiting its reputation. The words sought to be applied as a mark was a coined term and it is not only a book but has been made into movies and serials in several languages including Tamil which suggests that the mark has reached the minds of the public and is associated with the writer and her legacy. Any use of the mark by others for their goods and services would lead them to capitalize on the popularity of the mark which would be to the detriment of the House of Agatha Christie and the legacy built therein.”

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– You could see Procedure of Trademark in India here.

– You could visit here to see Required documents of filing trademark in India.

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