Thursday12 December 2024
kriminal-ua.info

The EU court has prohibited the registration of the phrase "Russian warship" as a trademark. Ukraine has responded to this decision.

The Court of the European Union denied the State Border Guard Service of Ukraine the registration of the slogan "Russian warship" as a trademark in the EU. This was reported by the court's press service on November 13.
Суд ЕС отказал в регистрации фразы "русский военный корабль" как товарного знака. Украина высказала свою реакцию на это решение.

GPSU made two attempts to register this slogan as a trademark in both Russian and English:

  • "Russian warship, go f**k yourself";
  • Russian warship, go f**k yourself.

The agency stated that the rights to use the phrase, first spoken by a Ukrainian border guard at the beginning of the full-scale war, should belong to Kyiv.

Ukrainian representatives explained that the desire to register the phrase was driven by the presence of "very unscrupulous players" in the market who are using this slogan, leaving Ukraine unable to take action. Specifically, they cannot prevent entrepreneurs with "insincere intentions" from selling various goods featuring different variations of this phrase and profiting from those sales.

The European Union Intellectual Property Office (EUIPO) denied the State Border Service's request to register rights to this slogan, deeming it does not meet trademark requirements. The Ukrainian agency has appealed the denial in court.

The EU court dismissed the lawsuit, concluding that the words, which have become a symbol of Ukraine's struggle against Russian aggression, "are not perceived as a commercial sign."

"The court believes that the phrase was widely used and disseminated by the media immediately after its first use to mobilize support for Ukraine; it quickly became a symbol of Ukraine's fight against the Russian Federation. Therefore, this phrase was used in a political context, repeatedly and to express and encourage support for Ukraine. The court noted that the sign cannot fulfill the essential function of a trademark, and consumers would perceive it on a product or service only as a political message," the release states.

GPSU spokesperson Andriy Demchenko commented to "Ukrainian Truth" on November 13 that the GPSU has registered this phrase as a trademark in Ukraine. According to him, the agency will protect the expression from potential unscrupulous manipulations.

"We must preserve the symbols that demonstrate the heroism and courage of Ukrainian defenders, including border guards, who are an integral part of Ukraine's defense forces," he emphasized. "Of course, it is disappointing that such a decision was made, but I am convinced that the European Intellectual Property Office and European judicial authorities are guided by legal norms, and we must accept this. We hope that they will also prevent any potential registrations by anyone else."