The Case Involving Ukraine’s Trademark On Russia

 

In one of my previous blog, before even the Hon’ble S.C. of U.S. judgement, I wrote that the Applicant who filed for Trademark viz. ‘Trump Too Small’, WON’T win, and that too, a year back! This was ratified months later. Here’s the link given below: https://www.jpranavc.in/2023/11/the-trade-mark-case-involving-trump-too.html

Now, the EU Court has correctly denounced Ukraine the Trademark: ‘Russian Warship, Go F**k Yourself’, which became famous after the soldier’s encounter with the Russian Navy’s demand of surrender of Snake Island in Black Sea.

Forget from the political point of view. Should this have been even considered a trademark at the first place?

Now, as we know, the trademarks are being governed by TRIPS, Madrid and Paris Convention. Thus, firstly, according to any of the articles or rules or regulation, this doesn’t come under the definition of a Trademark.

Secondly, it has four issues:

1.    Trade Description;

2.    Geographical Origin;

3.    Devoid of Distinctive Character;

4.    Causes Confusion Amongst Consumers.

Further, let’s take some examples. What does Section 9(2)(c) of the Trademarks Act say? That the trademark shall not be registered if it contains any scandalous and obscene matter!

Take this another example. What if someone coins a trademark slogan named, Taste The Canadian Driest Terror, but that person is making those goods in India! So firstly, it has an issue of geographical origin, under Section 9(1)(b), hence it would be refused. Moreover, the person is not even making goods in Canada, thus the consumers would feel that the goods being sold in India has the origination of Canada, hence denied. Secondly, it involves the scandalous matter. And the trademark filed by Ukraine, has both obscene and scandalous matter involved.

Have you ever heard of the Trademark comprising of Genital names? Have you ever heard of the Trademark consisting of Foul language or Cuss words? Imagine, if such words, like what Ukraine filed, under the TRIPS, Madrid, Paris Convention, being accepted as Trademarks; and just imagine further, if you’re standing at the grocery store and asking for the same product; how it would feel? You know, even Defamation cases have been filed against people who call someone in the public or online using such Words! You call a woman officially using these words, and you would be taken to task by the Authorities. And imagine, then officially, TV commercials advertising such trademarks!

Thus, it could be a political slogan. It could be used by the soldiers for motivation. Fine! But as a trademark, this ought to have never even been entertained at the first place.😊

© Pranav Chaturvedi