When the estate of George Orwell applied to register the titles ANIMAL FARM and 1984 as trademarks, the applications were refused. According to the EUIPO, the titles describe the content of the books. The Board of Appeal agreed. A significant part of the public will immediately associate these titles with the stories themselves. Ironically, the more famous the title becomes, the more likely consumers are to think of the book’s content rather than its commercial origin.
As a result, the titles are not regarded as indicators of origin, which is the role of a trademark. Instead, they are seen as describing the content of the work. Therefore, protection for books and other media is unlikely. For unrelated products, such as socks or ceramics, registration may still be possible. The lesson is simple: register book titles in the EU as early as possible. Once a title becomes famous, trademark registration can become an uphill battle.
