Ukraine wants to usage defenders’ profane defiance connected merchandise; tribunal says governmental motto does not qualify.
Published On 13 Nov 2024
A European Union tribunal has ruled that Ukraine cannot trademark a profane building directed by separator defender troops astatine a Russian warship successful nan early days of Moscow’s invasion.
The European Union’s General Court said connected Wednesday that nan phrase: “Russian warship, spell f*** yourself” cannot beryllium trademarked connected European territory because it is simply a governmental slogan. A consequence to threats issued by nan ship, nan words person go a motion of defiance and unity for Ukrainians during nan war, and person featured connected a assortment of merchandise.
“The building successful mobility has been utilized very intensively successful a non-commercial context” linked to Russia’s attacks connected Ukraine, nan tribunal said successful a statement.
“It will truthful not beryllium perceived by nan applicable nationalist arsenic an denotation of nan commercialized root of nan equipment and services which it designates,” nan judge added.
National heroes
The motto was famously directed by a Ukrainian separator defender to nan Russian cruiser Moskva, which wished to capture Snake Island, a mini islet successful nan Black Sea.
An audio clip circulated by Ukrainian authorities featured nan Russian forces aboard demanding that nan soldiers connected nan land surrender aliases look destruction.
Ukraine has since declared nan 13 soldiers it said were killed successful nan incident to beryllium nationalist heroes.
Russian forces abandoned nan land respective months aft seizing it, saying it was a “goodwill gesture”. Ukraine said that dense losses incurred while trying to take sides nan land made nan Russians leave.
‘Political message’
The State Border Guard Service of Ukraine has been trying to declare commercialized authorities for nan building since 2022, successful bid to usage it connected merchandise, including bags and clothing.
But nan EU Intellectual Property Office, which is responsible for registering EU-wide trademarks, has besides rejected nan petition aggregate times since 2022. It has based on that nan building does not meet nan bloc’s requirements to beryllium granted nan request.
The motto has go a constituent of nationalist pride, and has been repeated galore times successful nationalist demonstrations, arsenic good arsenic adorning advertisements and moreover a postage stamp.
The EU General Court connected Wednesday said it “observed that a motion is incapable of fulfilling nan basal usability of a trademark if nan mean user does not perceive, successful its presence, nan denotation of nan root of nan equipment aliases services, but only a governmental message”.
Source
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Al Jazeera and news agencies