Document Actions
3.1.2 The Geneva Conventions Act 1958
Note: This is the print view with all the Document pages on one page. The paginated version is available here, if you prefer that.
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.
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.
3.1.2.3 Marks containing a lion and sun device
Where a mark contains a device of a lion and a sun similar to that described in section 8(1)(c) of the Geneva Conventions Act 1958, or contains the words RED LION AND SUN, 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)(c) and 8(1)(e) of the Geneva Conventions Act 1958.
