BRUSSELS Nov. 13 () –
The European Justice has this Wednesday rejected the registration as a trademark in the European Union of a Ukrainian war cry in the context of Russian aggression, pointing out that it is a political slogan that does not meet the criteria to become a trademark.
Specifically, the General Court of the EU has confirmed the rejection of the European Union Intellectual Property Office (EUIPO) to register as a trademark the phrase “RUSSIAN WARSHIP, GO F**K yourself” in its English and Ukrainian versions , which would mean ‘fuck you, Russian ships’, a war cry popularized by a Ukrainian border guard during the defense of Snake Island on the first day of the Russian invasion.
The island, located in the Black Sea and administratively belonging to the Odessa region, became a symbol of Ukrainian resistance to the attack launched by Russian President Vladimir Putin in February 2022, so now the Service The Ukrainian Coast Guard intended to register the scream as a trademark for products, publishing services, education, entertainment and sports.
In the first instance, the EUIPO vetoed the registration, considering that the trademark was a political slogan without distinctive character for the products and services in question. Now the European court endorses this decision, rejecting the appeals presented by the Ukrainian authorities.
The ruling establishes that a sign cannot fulfill the essential function of a brand if the average consumer does not perceive the indication of the origin of the product or service, “but only a political message.”
Thus, he considers that the phrase that was intended to become a trademark has been used “very intensively in a non-commercial context” and is already closely linked to this context. “The relevant public will not perceive it as an indication of the commercial origin of the products and services it designates,” notes the European Justice.
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