TMEP 1205.01(c)(i): Date of First Use is Before or After June 25, 1948

October 2017 Edition of the TMEP

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1205.01(c)(i)    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. See18 U.S.C. §706; TMEP §1203.03(e). 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.