3.1.2.2 Marks containing a crescent moon device

Where a mark contains a device of a crescent moon,10 or contains the words RED CRESCENT, 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)(b) 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 crescent” condition on the register, namely:

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

Footnote

¹⁰ The examiner should only raise concerns if the mark is (a) not limited as to colour; or (b) limited as to colour, with the crescent moon being red on a white ground, or similar colours.