EU Denies Trademark for Ukrainian War Slogan

In recent news, Ukraine’s attempt to trademark the wartime slogan "Russian warship, go f*** yourself" was denied by the European Union’s General Court. The phrase, which originated from a defiant response by Ukrainian guards on Snake Island to a Russian naval demand to surrender, quickly became a symbol of Ukrainian resistance during Russia’s invasion.

On February 24, 2022, when the Russian warship Moskva demanded that the Ukrainian border guards on Snake Island lay down their arms, one of the soldiers famously shot back with the now-iconic words: "Russian warship, go f*** yourself."

Though isolated and outnumbered, the Ukrainian guards’ refusal to surrender became a powerful act of defiance. The phrase soon went viral, not just in Ukraine but around the globe, symbolizing the courage, resilience, and unwavering spirit of the Ukrainian people. It found its way onto flags, murals, social media posts, and merchandise, embodying the national pride of Ukraine in the face of adversity. What began as a military response transformed into a universal rallying cry against oppression.

However, despite its widespread cultural significance, the European Union’s General Court ruled that Ukraine could not trademark the phrase. This decision highlights the limitations of trademark law, especially when it comes to slogans with political or cultural weight.

A trademark is a legal designation used to identify the origin of goods or services. It could be a name, logo, phrase, or even a color that makes one brand stand out from another. Think of Nike’s swoosh or the phrase “Just Do It” — these are trademarks that tell you exactly where the product came from. A trademark assures consumers they’re buying from a specific source and protects companies from having their brands copied.

The EU General Court upheld a decision to deny trademark registration for the slogan, stating that it functions more as a political message than a brand identifier.

In its judgment, the court noted: "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."

In simpler terms, the court argued that when people see the slogan, they think about Ukraine’s resistance and the larger political context, rather than associating it with a particular product or company.

Ukraine’s State Border Guard Service sought to trademark the slogan to prevent its misuse and manipulation. As a symbol of defiance and national pride, the phrase had become deeply embedded in Ukraine’s identity. By registering it as a trademark, the government hoped to ensure that the slogan would be used respectfully and not exploited for profit in a way that could dilute its meaning.

Despite the court’s rejection, Ukrainian officials have reaffirmed their commitment to preserving the integrity of the slogan and other national symbols. A spokesperson for the border guard service remarked, “We must preserve the symbols that demonstrate the heroism and courage of Ukrainian defenders.”

Photo: By Becker1999 from Grove City, OH - File: Rally in support of Ukraine in Columbus, Ohio, United States, 26 February 2022 (51906586684).jpg, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=130580564

Source: Brice, M., Malenko, A., & Brice, M. (2024, listopad 13). Ukraine cannot trademark anti-Russian insult, EU court says. Reuters. https://www.reuters.com/world/europe/ukraine-cannot-trademark-anti-russian-insult-eu-court-says-2024-11-13/

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