As of March 21, 2022, the Russian invasion of Ukraine continues, and so do the filings of trademark applications capitalizing on that war. As discussed in an earlier blog, RUSSIAN WARSHIP, GO FUCK YOURSELF was filed on February 26, 2022, just two days after Russia invaded Ukraine. Since then, there have been six other renditions of this popular war slogan filed as trademark applications with the United States Patent and Trademark Office, including RUSSIAN WARSHIP, GO F*CK YOURSELF (Serial No. 97314012, filed March 15, 2022), RUSSIAN WARSHIP, F*CK YOU (Serial No. 97314001, filed March 15, 2022), RUSSIAN MILITARY SHIP, F*CK YOU (Serial No. 97313984, filed March 15, 2022), RUSSIAN MILITARY SHIP, GO F*CK YOURSELF (Serial No. 97310857, filed March 14, 2022), and RUSSIAN MILITARY SHIP, GO F*CK YOURSELF – LET DEMOCRACY BE FREE AROUND THE WORLD (Serial No. 97310885, filed March 14, 2022). All of these applications were filed by Danylo Znaieshev, dba Russian Warship, F*ck You, of Miami, Florida. All were filed for goods in International Class 25, or clothing.
The sixth application, RUSSIAN WARSHIP, GO F*CK YOURSELF, Serial No. 97314620, was filed March 16, 2022, by Booze without Borders Foundation, of Oak Park, Illinois, in International Class 33, or vodka.
All of these six applications were filed with a basis of 1(b), or intent to use.
All of these applications will face difficult prosecution before the USPTO because the proposed marks will be refused based on a failure to function as a source identifier (TMEP 1204.02(b)), because the general message, “Russian warship, go fuck yourself,” and all its renditions, has been used as a rallying slogan for the Ukrainian people against the Russian invaders. Widely used messages are merely informational in nature, and are commonly conveyed as such, rather than acting as identifying the source of the identified goods or services.
This continues to be a reminder that current fads or common-day slogans will fail to be registered as federal trademarks in the US.
For more information on the federal trademark registration process, please contact Yonaxis I.P. Law Group. Stand with Ukraine!