First Use On or Before December 8, 2005 – Grandfather Clause

Registration of the Red Crescent, the Third

Protocol Emblem, or the designation "Red Crescent" or "Third Protocol

Emblem" need not be refused where, in an application under §1 of the

Trademark Act,

15

U.S.C. §1051

,  the applicant claims a date of first

use in commerce on or before December 8, 2005, if the goods and services

would not appear in time of armed conflict to confer the protections of the

Geneva Conventions. 18 U.S.C. §706a.  However, registration should be

refused under §2(a) and §§1 and 45 of the Act if the goods or services are

of a type typically offered as emergency relief or assistance in times of

armed conflict. Such goods or services may include, but are not limited to,

medical or first-aid assistance, religious and charitable services,

clothing, and food items. The refusals can be withdrawn if the applicant

amends the identification to indicate that the goods/services are not

offered as emergency relief or assistance in time of armed conflict.

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

.