Many entrepreneurs want to register their company name, product name or even a person’s name as a trademark. This makes sense: a registered trademark offers legal protection, grants exclusive rights and helps to take action against trademark infringement. But what if that name is already known to the public, for example, the name of a famous author? Can you register such a name as a trademark?
A recent ruling by the Grand Board of Appeal of the EUIPO (the European Trademark Office) on the name “George Orwell” shows that there are limits to this. This case is an important example for companies that want to carefully shape their brand strategy.
Why the EUIPO refused to register the trademark ‘George Orwell’
The heirs of the famous writer George Orwell (known for works such as 1984 and Animal Farm) wanted to register the name as a European trademark. The aim was to use the name for books, films, digital media and educational services.
At first glance, this seems like a logical step, especially now that the copyright on his works has expired (which happened in 2021, 70 years after his death). However, the EUIPO rejected the application. The main reason: the public does not see ‘George Orwell’ as an indication of a specific commercial origin, but as a description of the subject or content of the product.
In other words, if a publisher publishes a book with the name George Orwell on the cover, consumers think of the author – not the company behind the book. This means that the required distinctiveness necessary for a valid trademark registration is lacking.
Descriptive use is not trademark use
A fundamental principle of trademark law is that a trademark must indicate where a product comes from, i.e. which company it belongs to. However, if a name is primarily seen as a description of what the product is, then the trademark does not fulfil that function. That was precisely the case with George Orwell.
The term ‘Orwellian’ is now commonly used to describe certain political or social situations. Its association with dystopia and power means that his name is seen as descriptive in the context of media or education. And descriptive signs are, in principle, not eligible for trademark protection.
Well-known name? No automatic exclusion, but strict assessment
In this ruling, the EUIPO made it clear that registering a brand name with a well-known personal name is not impossible per se. In other cases, such as ‘Anne Frank’ or ‘Janis Joplin’, successful trademark registrations have been made. However, each case must be assessed individually, based on:
- How well known the name is
- The nature of the goods or services
- How the public perceives the name in that context
This makes the assessment of trademark registrations with well-known names complex and nuanced. There are no standard rules.
What does this mean for businesses?
For companies and entrepreneurs active in publishing, media, education or culture, this ruling provides legal clarity. Names and works in the public domain, such as Orwell, may be used freely as long as they are not used as trademarks. This lowers the threshold for creative reuse without the risk of trademark infringement claims.
For trademark owners and heirs of famous people, this is a signal to think carefully about how they want to protect the name. Trademark law can play a role in this, but only works under the right conditions.
A concrete example: an educational platform offering a teaching package on the political ideas in 1984 may use the name Orwell. However, anyone attempting to register ‘George Orwell’ as a trademark for educational services will probably be refused.
Hulp nodig bij merkregistratie of merkgeschillen?
Whether you want to register a new brand name, protect existing trademark rights or are involved in a dispute over trademark infringement, trademark lawyer Julia van Leeuwen at Guldemond Advocaten advises entrepreneurs on trademark strategies and trademark protection in practice.
