# TMEP § 1205.01(a)(iv): Applicable Refusals

> Federal · Agency guidance · In force

URL: https://www.frixlaw.com/law-library/statutes/TMEP_S1205.01(a)(iv)

## Section

- **Citation:** TMEP § 1205.01(a)(iv)
- **Heading:** Applicable Refusals
- **Jurisdiction:** Federal
- **Kind:** Agency guidance
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** USPTO TMEP / Chapter 1200 - Substantive Examination of Applications / TMEP § 1205.01(a)(iv)

## Text

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drawing shows the symbol in red, the refusals may be withdrawn if the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shows the symbol in red, the refusals may be withdrawn if the applicant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

## Nearby sections

- [TMEP § 1201 Ownership of Mark](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.md)
- [TMEP § 1201.01 Claim of Ownership May Be Based on Use By Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.01.md)
- [TMEP § 1201.02(a) Identifying the Applicant Properly](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(a).md)
- [TMEP § 1201.02(c) Correcting Errors in How the Applicant Is Identified](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(c).md)
- [TMEP § 1201.02(d) Operating Divisions](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(d).md)
- [TMEP § 1201.02(e) Changes in Ownership After Application Is Filed](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.02(e).md)
- [TMEP § 1201.03(a) No Explanation of Use of Mark by Related Companies or Applicant’s Control Over Use of Mark by Related Companies Required](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(a).md)
- [TMEP § 1201.03(b) Wholly Owned Related Companies](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(b).md)
- [TMEP § 1201.03(c) Common Stockholders, Directors, or Officers](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(c).md)
- [TMEP § 1201.03(e) License and Franchise Situations](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.03(e).md)
- [TMEP § 1201.04 Inquiry Regarding Parties Named on Specimens or Elsewhere in Record](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.04.md)
- [TMEP § 1201.05 Acceptable Claim of Ownership Based on Applicant’s Own Use](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.05.md)
- [TMEP § 1201.06(a) Applicant Is Merely Distributor or Importer](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(a).md)
- [TMEP § 1201.06(b) Goods Manufactured in a Country Other than Where Applicant Is Located](https://www.frixlaw.com/law-library/statutes/TMEP_S1201.06(b).md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/TMEP_S1205.01(a)(iv). Check the current official text before relying on it. Not legal advice.