Examination Procedures for Marks Comprising a Red Crystal or Red Crescent on a White Background, or the Phrases “Red Crescent” or “Third Protocol Emblem”

On December 8, 2005, the United States signed the

Third Protocol Additional to the 1949 Geneva Conventions relating to the

Adoption of an Additional Distinctive Emblem (the "Protocol"). The Protocol

creates two new distinctive emblems: (1) the Third Protocol Emblem, composed of

a red diamond on a white background (shown below); and (2) the Red Crescent,

composed of a red crescent on a white background (shown below).

Effective January 12, 2007, Public Law 109-481,

120 Stat. 3666, created a new criminal statutory provision, 18 U.S.C. §706a,  to

prohibit the use of the distinctive emblems the Red Crystal and the Red

Crescent, or any imitation thereof, as well as the designations "Third Protocol

Emblem" and "Red Crescent," except by those authorized to wear, display, or use

them under the provisions of the Geneva Conventions. Geneva Distinctive Emblems

Protection Act of 2006, Pub. L. No. 109-481, 120 Stat. 3666 (2007). The statute

carves out an exception for use of any such emblem, sign, insignia, or words

that were lawfully used on or before December 8, 2005, if use of these would not

appear in time of armed conflict to confer the protections of the Geneva

Conventions of August 12, 1949.

Id.

The provisions of 18

U.S.C. §706a  closely mirror the existing provision in 18 U.S.C. §706  for the

American National Red Cross (

see

TMEP

§1205.01

).