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Ukraine war cry can’t be EU trade mark

An EU court has upheld a decision by the European Union Intellectual Property Office (EUIPO) on an application made by Ukraine’s border-guard service.

Last year, the EUIPO refused to register as an EU trade mark a figurative sign consisting of the phrase: ‘Russian warship, go f**k yourself’.

That mark is based on a war cry uttered by the Ukrainian border guard on Snake Island on 24 February 2022, the first day of the full-scale Russian invasion of Ukraine.

Registration was sought for a wide range of goods, as well as for publishing, education, entertainment, and sports services. 

‘Political slogan’

The Ukrainian agency had asked the General Court of the EU’s Court of Justice to annul the EUIPO decision, but the court has dismissed the request.

The judges upheld the EUIPO’s decision to refuse registration on the ground that the mark was a political slogan devoid of any distinctive character for the goods and services at issue.

“The court considers that the phrase used in the mark had been widely used and disseminated by the media, immediately after its first use, in order to rally support for Ukraine and had become very quickly a symbol of Ukraine’s fight against Russian aggression,” the judges stated. 

“Thus, that phrase was used in a political context, repetitively and with the aim of expressing and promoting support to Ukraine.

“The court observed that a sign is incapable of fulfilling the essential function of a trade mark 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,” the court found.