Decision: ANIMAL FARM and 1984
Court: EUIPO Grand Board of Appeal
Citation: R1719/2019-G and R1922/2019-G
Decision: Here and here
Key issues: Descriptiveness, distinctiveness

Published: 3 August 2026
Authors: Eloise Di Pasqua

Introduction

While Animal Farm and 1984 remain two of the most influential literary works ever written, a recent EUIPO Grand Board of Appeal decision demonstrates that fame alone does not guarantee trade mark protection. The ruling provides an important reminder that trade mark law protects indicators of commercial origin, not cultural significance.

Background

The Estate of the late Sonia Brownell Orwell sought to register the titles Animal Farm and 1984 as EU trade marks for a range of goods and services, including books, films, digital content, educational materials, games and entertainment services.

At first glance, the applications may have appeared straightforward. Both titles enjoy worldwide recognition and are intrinsically associated with George Orwell's works. However, the EUIPO examiner partially refused the applications on the basis that the marks were descriptive and lacked distinctive character for many of the goods and services applied for.

The matter ultimately reached the EUIPO Grand Board of Appeal, which was asked to address an important question: can the title of a famous literary work function as a trade mark, or will consumers simply view it as describing the content of the goods and services concerned?

Decision

The Grand Board upheld the refusal to register both marks for a significant number of content-related goods and services.

The Board's key findings included:

• Animal Farm and 1984 are widely recognised by the relevant public as the titles of Orwell's novels
• where the mark describes its subject matter of the goods and services then it may be liable for refusal under Article 7(1)(c) EUTMR
• where goods or services convey creative, educational or entertainment content, literary titles may directly describe that content
• copyright ownership, editorial control and licensing arrangements do not determine whether a sign functions as a trade mark; consumer perception remains the decisive test

Importantly, the Board emphasised that there is no blanket prohibition on registering book titles as trade marks. However, exceptionally famous titles may face difficulties where the public primarily associates them with the underlying work rather than with a commercial undertaking.

Commentary

This decision highlights the distinction between copyright and trade mark protection. The Grand Board found that consumers are likely to perceive Animal Farm and 1984 as the titles of famous literary works and as descriptions of their content, rather than as indicators of commercial origin.

The ruling also demonstrates that fame can sometimes hinder, rather than help, trade mark registration. While brand owners often seek widespread recognition, highly famous titles may become so embedded in popular culture that they are no longer perceived as trade marks.

For rights holders, the decision is a reminder that trade mark protection cannot be relied upon simply because a work enjoys significant cultural prominence. The key question remains whether the sign functions as a badge of origin for the relevant goods and services.

Key takeaways

• fame alone will not secure trade mark registration and, in some cases, may make registration more difficult where consumers associate the sign with a well-known work rather than a commercial source
• the decisive question is how consumers perceive the sign in relation to the relevant goods and services
• titles of creative works may be refused registration where they are perceived as describing the content or subject matter of the goods or services
• applicants should carefully assess specifications and consider whether the sign will be viewed as a badge of origin, particularly in the publishing, entertainment and educational sectors
• evidence of acquired distinctiveness may be important where a title has become culturally ubiquitous.

Introducing Brand Interchange

In-house brand advisers can often feel like they are working behind closed doors. You may be working as the only trade mark lawyer in your organisation, or in a newly formed team, with new ideas, trying to understand new practices. Brand Interchange is designed to support and help you. It’s the first dedicated group of its kind aimed at promoting and celebrating UK brand professionals. To join Brand Interchange, please register with Shoosmiths by completing and submitting the membership form. Registering as a member of Brand Interchange is completely free, and so are all the benefits you receive as a member.