The infamous phrase was said by a Ukrainian border guard in response to a Russian demand for surrender in the early hours of the Russian invasion of Ukraine in February 2022.

Although the border guard was initially believed to have been killed, it later emerged that he was alive in Russian captivity and he was later freed in a prisoner exchange.

Ukraine’s State Border Guard Service applied to the EU Intellectual Property Office (EUIPO) to protect the phrase as a trademark, which it rejected.

The Court of Justice of the European Union yesterday upheld that decision, saying a “political message” can not be protected.

The phrase is “a symbol of Ukraine’s fight against Russian aggression” and does not have a “commercial origin”, the court added.

Andriy Demchenko, spokesperson for the State Border Guard Service of Ukraine, said: “Of course, it is unfortunate that such a decision was made, but I am convinced that the European Intellectual Property Office and European courts are guided by the law and we must accept it.

“We hope that they will also prevent any registrations with this expression by anyone else.”