Ukraine cannot trademark anti-Russian insult, EU court says

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By Makini Brice and Anastasiia Malenko

BRUSSELS/KYIV (Reuters) -Ukraine’s border guard force cannot register a trademark in the European Union on its wartime insult “Russian warship, go fuck yourself” because it is a political slogan, the EU General Court said on Wednesday.

The phrase comes from early in Russia’s invasion of Ukraine, when Russian officers on the Black Sea Fleet flagship Moskva radioed Ukrainian guards stationed on tiny Snake Island and ordered them to surrender or die.

The reply came back: “Russian warship, go fuck yourself!”

The phrase became a point of pride and a national slogan, featured on billboards, T-shirts, office mugs and even a postage stamp.

The court upheld a lower tribunal’s decision, saying: “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.”

A border guard spokesperson said Ukraine had wanted to register the trademark to prevent misappropriation and manipulation of the phrase. The decision was unfortunate but “we must accept it,” spokesperson Andriy Demchenko said.

“However, I can assure you that the State Border Guard Service of Ukraine will continue to work to prevent possible unfair manipulations around this expression. We must preserve the symbols that demonstrate the heroism and courage of Ukrainian defenders, including border guards, who are an integral part of the Ukrainian Defence Forces,” he said.

Months after Russia seized the island, it abandoned Snake Island. It called its withdrawal a “goodwill gesture,” but Ukraine disputed that, pointing to heavy losses Russia sustained trying to defend it.

(Reporting by Makini Brice and Anastasiia Malenko in Kyiv; Editing by Angus MacSwan)