Date of First Use is Before or After June 25, 1948

Registration of the Greek red cross on a white

ground or the words "Red Cross" or "Geneva Cross" 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 June 25, 1948. However, if a party other than

an authorized party applies to register the Greek red cross on a white

ground, or the designation "Red Cross" or "Geneva Cross," and claims a date

of first use in commerce after June 25, 1948, 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 American

National Red Cross under the statute.

See

18 U.S.C. §706;

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

.