Applicable Refusals

The statute prohibiting use of the Red Crystal

and Red Crescent symbols by unauthorized parties applies to "any sign or

insignia made or colored in imitation thereof." 18 U.S.C. §706a.  If the

mark includes a design element where the color red is claimed, and the

design would be likely to be perceived as the Red Crystal symbol or the Red

Crescent symbol, and it is not significantly altered, stylized, or merged

with other elements in the mark, the examining attorney must refuse

registration under §§1 and 45, because the mark is not in lawful use in

commerce, and under §2(a), if any of the following conditions exist:

the drawing or foreign registration

shows the symbol in red;

the drawing is not in color, but the

specimen shows the symbol in red; or

the drawing is not in color, but it

includes the wording "Red Crescent" or "Third Protocol Emblem."

See

TMEP

§§1205.01(a)

and

1205.01(a)(i)

. If the

drawing shows the symbol in red, the refusals may be withdrawn if the

applicant amends the drawing to a different, non-prohibited color scheme, or

a non-color version of the drawing (i.e., a black-and-white or gray scale

drawing), and submits a proper substitute specimen showing use of the mark

in a color other than red. If the drawing is not in color, but the specimen

shows the symbol in red, the refusals may be withdrawn if the applicant

submits a proper substitute specimen showing use of the mark in a color

other than red.

Cf.

TMEP §1205.01(d)(i)(D)

. A

photocopy of the original specimen is not an acceptable substitute

specimen.

A mark that includes a crescent or crystal

design element will generally be considered registrable, and will not be

refused under §§1 and 45, or under §2(a), if the applicant does not claim

color as a feature of the mark and the specimen shows the symbol in a color

other than red. In such cases, a statement that the mark is not used in the

color red is unnecessary, and if submitted, must not be printed on the

registration certificate

ystal

design element will generally be considered registrable, and will not be

refused under §§1 and 45, or under §2(a), if the applicant does not claim

color as a feature of the mark and the specimen shows the symbol in a color

other than red. In such cases, a statement that the mark is not used in the

color red is unnecessary, and if submitted, must not be printed on the

registration certificate.

Regarding the phrases "Red Crescent" and

"Third Protocol Emblem," the statute prohibiting use of these designations

does not apply to variations or modifications of these words. Only marks

that include the exact wording RED CRESCENT or THIRD PROTOCOL EMBLEM, with

or without additional wording, must be refused under §2(a) and §§1 and

45.

For example, REDCRESCENTS would not be refused

registration, but RED CRESCENT DONOR could be refused registration if the

date of first use is after December 8, 2005, or the application otherwise

fails to qualify for the grandfather clause described in

TMEP

§1205.01(a)(ii)

.