The VRU registered a draft law proposing to limit the use of patriotic themes when registering trademarks and in advertising
And what name do you like: “Bucha Kombucha” drink, semi-sweet white “Bakhmut”, “ZSU” sausage, “Azovstal” radish seeds, “Chornobaivka” lemonade or “Heroes do not die” beer?
Yes, today patriotic themes have begun to be exploited for commercial purposes. Marketers and unscrupulous manufacturers resort to inappropriate use of tragic events of war, patriotic appeals and military salutes.
Manufacturers openly abuse the theme of war, and thus violate the legislation of Ukraine. The Law of Ukraine “On Advertising” prohibits the posting of advertisements that may harm individuals, the state, or society.
The Ukrainian National Office of Intellectual Property and Innovation notes that “speculation on war symbols is unacceptable, and their use in brand marketing strategies may be perceived by society as commercialization.”
In order to prevent such a disrespectful attitude of manufacturers of goods and services to military themes, a group of People’s Deputies registered the project “On Amendments to Some Laws of Ukraine on Limiting the Use of Patriotic Themes in the Registration of Trademarks and in Advertising.”
Its appearance is caused by the fact that recently trademarks of alcoholic beverages, food products, and other goods that play on military themes in an unacceptable way have been submitted for registration. According to the People’s Deputies, this should be put to an end by banning both similar trademarks and the creative efforts of marketers who “hype” the patriotic feelings of Ukrainians in order to increase sales.
According to the document, designations that:
fully or partially reproduce the names of events related to the containment of Russian armed aggression;
reproduce the names of settlements and localities affected by Russian armed aggression, as well as places (settlements or their parts) that are universally recognized symbols of the resilience and heroism of the Ukrainian people;
contain mentions of hostilities and military operations;
reproduce the names of manufacturers, names of types and types of weapons, military and special equipment;
reproduce the names of military branches, military units of the Armed Forces of Ukraine, other military formations (units) created in accordance with the laws of Ukraine;
reproduce greetings that are defined by legislation as official for the Armed Forces of Ukraine, other military formations created in accordance with the laws of Ukraine. The Law of Ukraine “On Advertising” is also proposed to be supplemented with the following information regarding restrictions:
distribute advertising of goods, works and services using:
the names of events related to the implementation of national security and defense measures, repelling and deterring Russian armed aggression;
the names of settlements and localities affected by Russian armed aggression, as well as places (settlements or their parts) that are universally recognized symbols of the resilience and heroism of the Ukrainian people (except for the use of such names in addresses, as well as advertising of trademarks registered before 24 February 2022);
mentions of hostilities and military operations, if it is possible to identify them on the ground, related to the implementation of national security and defense measures, repelling and deterring Russian armed aggression;
names of manufacturers, names of types and types of weapons, military and special equipment;
names of military branches, military units of the Armed Forces of Ukraine, other military formations (units) created in accordance with the laws of Ukraine; greetings, which are defined by legislation as official for the Armed Forces of Ukraine, other military formations created in accordance with the laws of Ukraine.
The restrictions will not apply to advertising of films, videos or books dedicated to the full-scale war in Ukraine.
