Applicable Refusals

The statute prohibiting use of the Greek red

cross on a white ground, or the designation "Red Cross" or "Geneva Cross,"

by unauthorized parties applies to "any insignia colored in imitation

thereof." 18 U.S.C. §706.  If the mark includes a design element that would

be likely to be perceived as the Geneva red cross, 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 Cross or Geneva Cross.

See

TMEP

§1205.01(c)

. 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red, the refusals may be withdrawn if the applicant amends the drawing to a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red, the refusals may be withdrawn if the applicant submits a proper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 Greek cross will

generally be considered registrable, and will not be refused as a red cross

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

cross will

generally be considered registrable, and will not be refused as a red cross

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 Cross" and "Geneva

Cross," 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 CROSS or GENEVA CROSS, with or without additional wording,

must be refused under §2(a) and §§1 and 45.

For example, RED CROSSES would not be refused

registration, but RED CROSS DONOR could be refused registration if the date

of first use is after June 25, 1948.