The signs ‘ANIMAL FARM’ and ‘1984’ – the titles of George Orwell’s well-known books – are not valid EU trade marks for books, films, games and entertainment services, as the Grand Board of Appeal of the EUIPO recently ruled.

The Board of Appeal held that the relevant public immediately perceives these signs, in relation to books, films, games and entertainment services, as references to Orwell’s famous works. As a result, the public understands the signs as indicating the subject matter of the goods and services rather than their commercial origin. The signs are therefore considered descriptive and devoid of distinctive character.

The fact that these are well-known book titles is not, in itself, a ground for refusing registration. However, their fame does contribute to the public instantly recognising them as references to those books. The more famous a work becomes, the greater the likelihood that the relevant public will regard the title as information about the content of content-related goods and services, rather than as an indication of commercial origin.

This issue does not arise for goods that are unrelated to content, such as clothing and household products. For those goods, the trade marks have been registered without difficulty.

The lesson for book titles is clear: trade mark protection for content-related goods and services is possible, provided it can be shown that the title is perceived not only as reference to a work, but also as a brand. For famous books, this may prove challenging. It is therefore advisable to consider filing a trade mark application at an early stage, before the book becomes a bestseller.