Ukraine cannot trademark Russia warship taunt, EU court rules

BRUSSELS - An EU court on Nov 13 dismissed a bid by Ukraine’s border guards to trademark an expletive-laden battle cry that was aimed at a Russian warship on the first day of the invasion – and spawned a thousand memes.

The phrase was the last known radio communication on Feb 24, 2022, by Ukrainian soldiers stationed on Snake Island in the Black Sea, who told the vessel demanding their surrender: “Russian warship: go f*** yourself”.

The State Border Guard Service of Ukraine had sought to use the words to register a wide range of goods, as well as publishing, education, entertainment and sports services within the European Union.

But the Luxembourg-based General Court said the phrase was now a political slogan, having become “a symbol of Ukraine’s fight against Russian aggression” shortly after it was first uttered.

“It will therefore not be perceived by the relevant public as an indication of the commercial origin of the goods and services which it designates,” the court said.

It dismissed the appeal brought by the border guards against a 2023 decision of the EU Intellectual Property Office, which first rejected the trademark application.

The ruling can be appealed at the EU’s highest court.

The Snake Island exchange with the attacking Russian ship, the Moskva, went around the world and served as a theme for the Ukrainian resistance, appearing in countless memes, placards at pro-Ukraine rallies abroad and even stamps.

The Ukrainian soldiers were taken prisoner, but later exchanged for Russian captives.

The Moskva sank in the Black Sea in April 2022 following what Moscow said was an explosion on board. Ukraine said it had hit the warship with missiles.

Ukrainian forces recaptured the island in June 2022. AFP