It is only natural and prudent to want to protect a personal
brand by acquiring a trade mark, but there is a common
misconception that using or registering a personal name or full
names as a trade mark is an absolute right.
In trade mark law, distinctiveness and priority are paramount.
Specifically, the law considers whether the chosen trade mark can
distinguish the goods and services for which protection is sought
and, in a battle of names, which name or trade mark was first used
and/or registered as a source identifier.
These principles in relation to names were recently highlighted
in two cases abroad.
Europe's trade mark authority recently refused registration
for the name GEORGE ORWELL in relation to books and films on the
grounds that it will be perceived as a descriptive indication of
the subject matter (i.e. the literary works of George Orwell, the
author) as opposed to being distinctive, which is the essence of a
trade mark. The decision has the trade