EUIPO strengthens the boundaries between trademarks and copyright in the use of names of famous authors
Articles28 January 2026
The Grand Appeal Tribunal confirms that the author's name lacks distinctive character for goods and services in cultural, publishing, and educational sectors.
The Grand Appeal Tribunal of the EUIPO has confirmed the denial of registering the name "GEORGE ORWELL" as a Community trademark of the European Union for goods and services in cultural, publishing, and educational sectors. The decision is part of a central debate in intellectual property law: to what extent can trademark law be used to control the economic exploitation of cultural references when copyright is nearing its limit or has expired? For the EUIPO, the name George Orwell does not serve a distinctive function in these sectors, but acts as a direct reference to the intellectual content of the goods and services offered.
Key points:
- The author's name describes the content, not the origin: the public perceives the name as a thematic indication, of works by the author or about the author, and not as a sign identifying a specific company.
- Strict separation between copyright and trademarks: the trademark cannot be used as an indirect means to extend economic control beyond the temporal limits of copyright.
- Protection of public interest and public domain: allowing registration would restrict legitimate use of the author's name by publishers, producers, educational institutions, and creators.
- Notoriety works against distinctiveness: the greater the cultural integration of the author, the more likely it is that their name will be considered descriptive.
- Irrelevance of legacy ownership: the fact that the application comes from the heirs or the estate of the author has no relevance in the examination of the absolute grounds for refusal.
- Direct impact on creative and cultural industries: the decision limits branding strategies based on the names of historical authors for books, audiovisual content, and cultural services.
- Consolidation of European jurisprudence: the EUIPO confirms a restrictive line that prevents the use of the trademark for the appropriation of universally recognized cultural references.
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Article written by the TMT department of ECIJA Madrid.
