MILITARY AND PATRIOTIC TRADEMARKS

Abstract

Various events, including negative ones, quite often become catalysts for specific trademark applications. Military events in Ukraine also led to the emergence of military folklore. A large number of apt phrases and sayings appeared, which in a few days became popular and recognizable among Ukrainians, and some of them became known all over the world. In light of the fact that such phrases and expressions have already acquired recognition, it seems logical that trademarks applications for these signs have been filed. The aim of the article is to confirm the fact that even negative events become catalysts for the filing of trademark applications and to determine whether there may be specific rules for the examination of trademark applications that have a military or patriotic nature. The tasks of the article are defined taking into account the set aim: to conduct a search in the database of Ukrpatent trademarks using search words that are in catchphrases of modern military Ukrainian folklore; conduct a search of trademark databases in order to find applications or registrations of trademarks that took place after the tragic events and were directly associated with these events; conduct a search in trademark databases to identify specific "patriotic" trademarks; carry out a general analysis of legal provisions regarding such trademarks in Ukraine, the European Union and the United States of America. The scientific novelty consists in the proposal to take into account the social function of a trademark during the examination of trademarks that have a military or patriotic character. Conclusion. The examination of Ukrainian "military and patriotic" trademarks should be carried out through the prism of assessing their compliance with the principles of morality and public order, since the concept of an unscrupulous applicant in Ukraine does not exist in the form in which it would allow refusal of registration. At the same time, the social function of the trademark should be taken into account, that is, the ability of the trademark to act as a tool of social communication. Regardless of the economic nature of the trademark, some of them can, but should not, become triggers of enmity and aggression.