Limitation of military-patriotic themes in trademarks and advertising

The Verkhovna Rada registered draft law No. 9128 "On Amendments to Certain Laws of Ukraine Regarding Restrictions on the Use of Patriotic Themes in the Registration of Trademarks and in Advertising."

As noted in the explanatory note to the draft law: "Manufacturers of consumer goods and services resort to the inappropriate use of tragic events of the war, the names of the affected cities, patriotic appeals and military salutes in marketing communications."

First of all, the note deals with the registration of trademarks of alcoholic beverages, food products, other goods (TM Heroichna Bucha Kombucha (Heroic Bucha Kombucha) with a citrus flavor, radish seeds "Azovstal" and other examples), the names of promotion actions for customers, advertising slogans that use or exploit military themes.

The authors of the draft law propose to ban the registration of trademarks, the names of which are:

• partially and fully reproduce the names of events related to the implementation of national security and defense measures, the repulsion and deterrence of Russian armed aggression, the names of settlements and localities affected by Russian armed aggression, as well as places (settlements or their parts), which 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 February 24, 2022);
• contain 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;
• reproduce the names of manufacturers, names of types of weapons, military and special equipment, military branches, military units of the Armed Forces of Ukraine, other military formations (units) established 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;

Similar criteria also apply to the distribution of advertising of goods, works and services.

However, such restrictions should not apply to the advertising of film, video and publishing products dedicated to the coverage of events related to the implementation of national security and defense measures, repelling and deterring Russian armed aggression.