The European Union Intellectual Property Office (EUIPO) has refused applications by the Sonia Brownell Orwell Estate to register these three terms as trade marks in the EU. The cases have been appealed to The Grand Board of Appeal of the EUIPO. 

The International Trademark Association (INTA) has filed two amicus briefs in support of the Estate's right to register these terms. The briefs concern the registration of trade marks for names of famous authors and titles of literary works.

Regarding the registration of "GEORGE ORWELL", the examiner had refused the application on the basis that the name would have simply been seen as a descriptive indication of the subject matter, books/films by or about the author. 

INTA said: "The argument that fame renders the name descriptive and ineligible for registration appears arbitrary. If reputation was a factor considered as excluding registration, it should be excluding it for all categories of marks...This would lead to any famous mark being ineligible for registration after it has acquired reputation."

1984 and ANIMAL FARM were rejected for being famous titles of literary works, unable to indicate the commercial origin of the goods/services included in the applications.  

INTA asked for clarification that "titles of artistic works are not among those signs for which, according to the established case-law, it is deemed more difficult to establish distinctive character (such as slogans, shape of goods and colours.)”  It argued that famous titles should not be subject to special treatment.

It will be very interesting to see which way the Grand Board's decisions go. The Boards of Appeal have already issued diverging decisions on the issue.

The results of these cases could be very significant to the development of trade mark law in the EU, and have an impact on those with famous names/titles of famous works to protect and enforce. Indeed, this is why INTA has weighed in, even though it is not a party to the cases.  

If trade mark protection is eventually granted to the Estate, it would not stop others from using the terms in a descriptive manner. Many registered trade marks consist of the names of famous persons and titles, and the right to protect such trade marks should be safeguarded, and not intrinsically be excluded from trade mark protection.