A trademark (hereinafter “TM”) provides its owner with an important tool for protection: the ability to distinguish their goods or services from those of others and, under certain conditions, to prohibit competitors from using a similar designation. That is why trademark registration is often a crucial part of brand development.
However, not every word, name, symbol, or image can be turned into a private intellectual property asset. Particularly complex issues arise when a designation already holds significant public importance and is associated not with a specific business, but with events, people, or activities that are important to the entire country.
A telling example is the case involving applications to register the designation “Na SHCHYTI: Evacuation of the Fallen.” In 2025, the nonprofit organization “Central Military Council” filed two applications to register this designation as trademarks. However, neither resulted in registration: the proceedings on the applications were terminated, and the trademarks never received legal protection.
“Na SHCHYTI”: A Name with Special Significance
The phrase “Na SHCHYTI” is now well known to Ukrainians. It is associated with a humanitarian mission dedicated to the search, evacuation, and repatriation of the remains of fallen Ukrainian servicemen.
The Ukrainian Armed Forces began using this name for the humanitarian project in 2022. It has become a more humane and dignified term for the process of repatriating fallen defenders, replacing the Soviet-era term “cargo 200.”
Over time, the name and its associated symbols became widely recognized and came to be associated specifically with the mission of bringing fallen soldiers home.
That is precisely why the news of an attempt to register the designation “Na SHCHYTI: Evacuation of the Fallen” as a trademark sparked significant public outcry.
According to IP-office, two applications to register this designation were filed in 2025. The first application was filed in February 2025, and the second in April 2025. In both cases, the applicant failed to complete the procedure required to continue the review process, as a result of which the applications were deemed withdrawn. The proceedings for one of them were terminated as early as 2025.
Therefore, it is important to understand that the “Na SHCHYTI” trademark was not registered under these applications, and the applicant did not obtain exclusive rights to this mark.
Why Filing an Application Does Not Mean You’ve Received a Trademark
This story also clearly illustrates a common misconception: many people believe that simply filing an application with the IP office is enough to immediately “patent a name” or obtain rights to a specific word. In reality, filing an application is only the beginning of the process.
The claimed designation undergoes a corresponding examination, during which it is verified whether it meets the requirements of the law. In particular, the examination assesses whether the designation has distinctive character, whether it is similar to already registered trademarks, whether it will mislead consumers, and whether it conflicts with public order or generally accepted principles of morality.
Therefore, the mere fact that an application is in the official system does not mean that the applicant has already become the owner of the trademark.
In the case of the designation “Na SHCHYTI: Evacuation of the Fallen,” it is especially important not to confuse this. Applications were filed, but the registration process was not completed, and no exclusive rights to the trademark arose.
Furthermore, this situation raises a broader question: Can words and symbols that have acquired special social significance be used as a tool to obtain a private exclusive right?
Where Is the Line Between a Brand and a Symbol of Social Significance?
The primary function of a trademark is to help consumers identify the commercial origin of goods or services. For example, when a person sees a particular logo or name, they should understand which manufacturer, company, or organization the product or service is associated with. That is precisely why a trademark should not become a tool for monopolizing designations that already have a broader meaning and are not associated exclusively with a single entity.
The “NA SHCHITI” incident demonstrated just how important it is to evaluate not only the formal requirements for a designation but also the context in which it is used. In this case, we are talking about a name associated with a humanitarian mission and honoring the memory of fallen Ukrainian defenders. That is precisely why the situation sparked a strong public reaction. Following the public outcry, there was also discussion regarding the proper legal protection of the original elements associated with the project, specifically the typeface and the emblem. This demonstrates once again that to protect a brand or an important symbol, it is necessary to correctly identify exactly which intellectual property object needs to be protected. After all, different elements can be protected in different ways. A name or logo may be subject to trademark rights, graphic design may be protected by copyright, and individual visual elements may be subject to other forms of legal protection.
It is precisely this comprehensive approach that helps avoid situations where an important brand or symbol is used for a long time without proper legal registration, only for others to later attempt to register similar marks in their own names.
Furthermore, the trademark “Na SHCHYTI: Evacuation of the Fallen” uses an original font for the logo text—one that does not belong to the applicant and infringes on the copyrights of third parties. In this case, we can already speak of a loss of novelty as a criterion for trademark protection. But that is a completely different story, and we will discuss it in future articles.
The case involving the attempt to register “Na SHCHYTI: Evacuation of the Fallen” as a trademark highlighted several important points.
First, filing an application does not automatically grant trademark rights. The mark must undergo the registration process, and the applicant must meet all necessary requirements.
Second, not every word or symbol can be turned into a private commercial asset. During registration, it is not only the formal characteristics of the mark that matter, but also its meaning, context of use, and compliance with legal requirements.
And finally, this situation serves as yet another reminder: if a name, logo, or other symbol is a valuable asset of your business or project, you should secure its legal protection well in advance.
If you plan to register a trademark, check the registrability of a mark, or protect an existing brand, please contact our law firm, which employs professionals in the field of intellectual property – patent attorneys. We will help you assess the risks, select the optimal method of protection, and guide you through the registration process.
