14/05/2026
In 2018, the Estate of the Late Sonia Brownell Orwell filed an EU trade mark application for the sign GEORGE ORWELL which was rejected by the European Union Intellectual Property Office - EUIPO as the sign would be understood by the consumers to provide information about their content, making the mark descriptive and non-distinctive. This decision was appealed by the applicant.
Whilst an application for a trade mark covering a name is capable of designating origin and should not be assessed in any different way than other word marks, once a name reaches a certain level of fame, it will perceived by the public as merely describing the content of certain goods and services and can no longer function as a trade mark.
Evidence of the well-known status of a mark will only be beneficial for an applicant if it can show that they were able to educate the consumer that goods and services bearing the mark come from a single source. Otherwise, the evidence will simply enforce the descriptiveness and non-distinctiveness objection. Egle Adomaityte explains more...
https://www.iamstobbs.com/insights/fame-comes-with-a-price-of-being-descriptive-george-orwell-trade-mark-dispute
May 14 2026 • min read Fame comes with a price (of being descriptive) – GEORGE ORWELL trade mark dispute Egle Adomaityte IA Manager Arts & Entertainment Celebrity Trade Marks Designs + Copyright In 2018, the Estate of the Late Sonia Brownell Orwell filed an EU trade mark application for the sign...