# TMEP § 1205.01(c)(iii): Applicable Refusals

> Federal · Agency guidance · In force

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

## Section

- **Citation:** TMEP § 1205.01(c)(iii)
- **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(c)(iii)

## Text

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red, the refusals may be withdrawn if the applicant amends the drawing to a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red, the refusals may be withdrawn if the applicant submits a proper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

## 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(c)(iii). Check the current official text before relying on it. Not legal advice.