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6 July 2025

What can the Handmaid's Tale teach us about trade mark law? Featured What can the Handmaid's Tale teach us about trade mark law? As someone who's both read The Handmaid's Tale and binge watched every...

MP
Madderns Patent & Trade Mark Attorneys

Contributor

Madderns is a leading privately-owned Patent and Trade Mark Attorney firm based in Adelaide, providing specialized intellectual property services in Australia and internationally for over 50 years. Their experienced team, including experts with PhD qualifications, works closely with clients to protect their brands and technologies. Serving a diverse client base, Madderns offers strategic advice on patents, trade marks, designs, and domain names to ensure the long-term success of their clients' intellectual property assets in various markets.
Trade mark law at its core is about who owns what, who controls what, and whether that control is being actively exercised.
Australia Intellectual Property

As someone who's both read The Handmaid's Tale and binge watched every moment of the series (more than once - no shame - and the last season as recent as last night!), I can't help but see legal metaphors all over Gilead. The one that's stuck with me most? The power - and danger of names.

In Gilead, women are renamed to reflect ownership. Offred. Ofwarren. Ofjoseph. Their own names are erased, their identities replaced. It's brutal. It's chilling. And strangely enough, it has a few lessons for us in the world of trade marks.

You don't need to be in a dystopia to lose your name. In business, it can happen through mergers, acquisitions, or internal reshuffles - especially when a legacy brand gets folded into something bigger and more 'streamlined'. Founders are often left watching their brand name, their story, their identity disappear under new management.

It's like being rebranded as 'Ofcorporate'. Not quite as dramatic as Gilead, but you get the idea.

Trade mark law at its core is about who owns what, who controls what, and whether that control is being actively exercised. When those boundaries aren't clear - say, in a loosely drafted licence, an unrecorded assignment, or a too-generous collaboration - chaos can (and will likely) follow.

And if you've ever seen a brand identity splinter between warring co-owners, you'll know it's not pretty. It's Gilead, but with attorneys.

One of the most powerful moments in The Handmaid's Tale is when Offred reminds herself that her name is not Offred. She's June. That act of quiet defiance - of holding on to identity - is deeply human.

In the trade mark world, I've seen something similar: businesses fighting to reclaim a name they lost control of, brands reviving a legacy trade mark to honour their roots, and Indigenous communities asserting rightful ownership over cultural names that were misused for decades.

This is where trade mark law becomes more than technical - it becomes personal.

So, what can we learn from Gilead?

  • A name isn't just a name. It's your story, your trust, your legacy. Own it - and protect it.
  • Don't outsource your identity. If you're licensing, partnering, or selling - make sure your contracts are watertight.
  • Expect transitions. Mergers, rebrands, acquisitions - they happen. Just don't let your identity get lost in the shuffle.
  • The law can help. Trade marks aren't just about enforcement. Done right, they're about empowerment.

Maybe not the most obvious place to draw IP inspiration, but The Handmaid's Tale is a masterclass in identity, control and - ultimately - resistance.

And sometimes, holding on to your name is the most powerful move of all.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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