3.1.2.1 Marks containing a Geneva cross device

Where a mark contains a device of a cross with vertical and horizontal arms of the same length,⁹ or contains the words RED CROSS or GENEVA CROSS, the examiner should raise concerns that the mark is not registrable under section 17(1)(b) of the Act, with reference to sections 8(1)(a), 8(1)(d) and 8(1)(e) of the Geneva Conventions Act 1958.

The applicant may be able to overcome the examiner’s concerns by agreeing to the entry of a “red cross” condition on the register, namely:

It is a condition of registration that the mark shall not be used with the cross device appearing thereon in red on a white ground, or in white or silver on a red ground, or in any similar respective colour or colours.

Footnote

⁹ The examiner should only raise concerns if the mark is (a) not limited as to colour; or (b) limited as to colour, with the cross being red on a white ground, or similar colours; or (c) limited as to colour, with the cross being white or silver on a red ground, or similar colours.