Political slogans and trademark protection: distinctiveness remains the war factor

RLDI - March 2025
Floriane Codevelle and Nathan Audinet

Can the figurative sign “RUSSIAN WARSHIP, GO F**K YOURSELF”, which replicates a phrase uttered by a Ukrainian border guard on February 24, 2022, during the Russian attack, be registered as a trademark? This is the question answered by the General Court of the European Union in its decision of November 13, 2024.

In an article published in the March issue of the Revue Lamy Droit de l’Immatériel, Floriane Codevelle and Nathan Audinet comment on this decision, in which the General Court of the EU re-evaluates the assessment of the distinctiveness of slogans and provides clarifications on their treatment under trademark law.

This article has been published on the RLDI dated March 2025. For more information, please go to Lamy website.