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The EU court decides that Ukraine cannot trademark a Russian warship for defamation | Russia-Ukraine war News

Ukraine wants to use protectionist insults on merchandise; the court says that a political slogan is not appropriate.

The European Union's court ruled that Ukraine cannot sell the insulting word that was directed by border guards at a Russian warship in the early days of the attack on Moscow.

The European Union's General Court said on Wednesday that the phrase: “Russian warship, go f *** yourself” cannot be trademarked in European territory because it is a political slogan. In response to the threats issued by the ship, the words became a symbol of defiance and solidarity for the Ukrainian people during the war, and appear on a variety of merchandise.

“The term in question has been used in a serious non-commercial context” related to Russia's invasion of Ukraine, the court said in a statement.

“Therefore, the relevant public cannot be considered as an indicator of the commercial origin of the goods and services you have chosen,” added the judge.

National heroes

The slogan was famously directed by the Ukrainian border guard at the Russian boat Moskva, which wished to seize Snake Island, a small island in the Black Sea.

An audio clip released by Ukrainian authorities shows Russian soldiers on board demanding that the island's military surrender or face destruction.

Ukraine has since declared the 13 soldiers it says were killed in the incident as national heroes.

Russian troops left the island a few months after taking it, saying it was “interesting”. Ukraine said heavy losses incurred while trying to defend the island prompted the Russians to leave.

'Political message'

The State Border Guard Service of Ukraine has been trying to claim commercial rights to the phrase since 2022, 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 application several times since 2022. It argued that the sentence did not meet the requirements of the bloc to be granted the application.

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 General Court of the EU on Wednesday said that it “recognized that a mark cannot fulfill the essential function of a trademark if the average consumer does not see, where present, an indication of the origin of the goods or services, but only a political. message”.


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