First Use After December 8, 2005

If a party other than an authorized party (see

TMEP

§1205.01(a)(vi)

for definition of authorized

party) applies to register the Red Crescent, the Third Protocol Emblem, or

the designation "Red Crescent" or "Third Protocol Emblem," and claims a date

of first use in commerce after December 8, 2005, the examining attorney must

refuse registration under §2(a) of the Trademark Act,

15

U.S.C. §1052(a)

,  on the ground that the mark

comprises matter that may falsely suggest a connection with the

International Federation of Red Cross and Red Crescent Societies and/or

other authorized parties under the statute.

See

18

U.S.C. §706a;

TMEP

§1203.03(b)

. The examining attorney must provide

appropriate supporting evidence for the refusal. In addition, a refusal must

also be made on the ground that the mark is not in lawful use in commerce,

citing §§1 and 45 of the Trademark Act,

15

U.S.C. §§1051

and

1127

.

When examining specimens of use for such

designations, the examining attorney should also consider issuing a refusal

under §§1, 2, and 45 of the Trademark Act,

15

U.S.C. §§1051

,

1052

, and

1127

, on the ground that the subject matter would

not be perceived as a trademark or, in the case of services, §§1, 2, 3, and

45 of the Act,

15

U.S.C. §§1051

,

1052

,

1053

, and

1127

, as appropriate.

See

TMEP

§1202

.