Famous but not distinctive: ANIMAL FARM and 1984 failed as trade marks because they were successful as books (opens in new tab)

One of the unresolved questions in trade mark law is whether titles of books, films and similar goods can be protected (and genuinely used) as trade marks. The Grand Board of Appeal answered this question for George Orwell’s famous book titles “ANIMAL FARM” and “1984” in a recent decision. Background In 2018, The Estate of the Late Sonia Brownell Orwell (“Orwell Estate”) filed two EU trade mark