Play By The Book | Titles as trade marks

Many people are surprised by the fact that generally the title to a single movie, book, song or other creative works may not qualify for trade mark protection. The confusion stems from the fact that some titles actually do well and truly function as trade marks.

A recent opposition decision of the Australian Trade Marks Office explores the interface of titles and trade marks in relation to Academy Award nominated film LION, the life story of Mr Saroo Brierley and the commercialisation of movie rights and theatrical rights in his literary work. Gestalt Law represented Saroo Brierley in successfully defending the trade mark opposition proceedings. In an interesting twist, James Bond 007 also assisted.