This article was originally published in English
The slogan uttered by a Ukrainian border guard in 2022 has become a symbol of defiance in the face of Russian aggression, but it is more political than commercial, say judges of the Court of Justice of the European Union
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The phrase “Russian ship, fuck you”, uttered by a Ukrainian border guard at the start of the Russian invasion in February 2022, cannot be the subject of a trademark registration, the Court of Justice ruled on Wednesday of the European Union.
This sentence, uttered as Russia attempted to seize Serpents’ Island in the Black Sea, became a symbol of Ukraine’s defiance, chanted in street protests, displayed on billboards and on stamps.
However, the judges rejected the commercial claim of this phrase by the Ukrainian border service which wanted to use it on key chains, bags and clothing.
“The phrase in question has been used very extensively in a non-commercial context” linked to Russian aggression, the court said in a statement.
“It will therefore not be perceived by the public concerned as an indication of the commercial origin of the goods and services it designates”.
According to an audio clip released by Ukrainian authorities, this phrase was said by border guard Roman Gribov in response to the Russian cruiser Moskvawho had asked the Ukrainian defenders to lay down their weapons “to avoid bloodshed”.
The 13 Snake Island border guards, captured by the Russian army during the attack, have since been exchanged in a prisoner exchange between Kyiv and Moscow.
This judgment of the Court of Justice of the European Union confirms a previous decision of the European Intellectual Property Officewhich is responsible for EU-wide trademark registration.
Additional sources • Adaptation: Vincent Reynier
Swiss
