Ukraine wants to use defenders’ profane defiance on merchandise; court says political slogan does not qualify.
A European Union court has ruled that Ukraine cannot trademark a profane phrase directed by border guard troops at a Russian warship in the early days of Moscow’s invasion.
The European Union’s General Court said on Wednesday that the phrase: “Russian warship, go f*** yourself” cannot be trademarked on European territory because it is a political slogan. A response to threats issued by the ship, the words have become a sign of defiance and unity for Ukrainians during the war, and have featured on a variety of merchandise.
“The phrase in question has been used very intensively in a non-commercial context” linked to Russia’s attacks on Ukraine, the court said in a statement.
“It will therefore not be perceived by the relevant public as an indication of the commercial origin of the goods and services which it designates,” the judge added.
National heroes
The slogan was famously directed by a Ukrainian border guard to the Russian cruiser Moskva, which wished to capture Snake Island, a tiny islet in the Black Sea.
An audio clip circulated by Ukrainian authorities featured the Russian forces aboard demanding that the soldiers on the island surrender or face destruction.
Ukraine has since declared the 13 soldiers it said were killed in the incident to be national heroes.
Russian forces abandoned the island several months after seizing it, saying it was a “goodwill gesture”. Ukraine said that heavy losses incurred while trying to defend the island made the Russians leave.
‘Political message’
The State Border Guard Service of Ukraine has been trying to claim commercial rights for the phrase since 2022, in order to use it on merchandise, including bags and clothing.
But the EU Intellectual Property Office, which is responsible for registering EU-wide trademarks, has also rejected the request multiple times since 2022. It has argued that the phrase does not meet the bloc’s requirements to be granted the request.
The slogan has become a point of national pride, and has been repeated many times in public demonstrations, as well as adorning billboards and even a postage stamp.
The EU General Court on Wednesday said it “observed that a sign is incapable of fulfilling the essential function of a trademark if the average consumer does not perceive, in its presence, the indication of the origin of the goods or services, but only a political message”.