December 31, 2024 Copyright ©️ 2024 by goldkeen International Patent & Trademark Joint Office
 

 

 

According to Article 30, Paragraph 1, Subparagraph 5 of the Trademark Act,

trademarks that are “identical with or similar to the emblem, flag, other insignia, abbreviation, or name of international intergovernmental organizations or well-known domestic or foreign institutions of a public-interest nature, and are likely to cause confusion or misbelief among the public” shall not be registered.

 

In actual examination practice, the International Committee of the Red Cross (ICRC), the International Federation of Red Cross and Red Crescent Societies (IFRC), and national Red Cross societies (hereinafter collectively referred to as “the Red Cross”) are all considered “well-known public-interest institutions” under this clause.

 

The mark contains a clearly distinguishable red cross symbol on a white background. Objectively, this is likely to cause association with the “white background with red cross” emblem used by the Red Cross. As a result, the public may mistakenly believe that the services represented by this trademark are related to the Red Cross. Because it closely resembles the Red Cross emblem used by the International Committee of the Red Cross, and to avoid the likelihood of public confusion or misunderstanding regarding a connection between the designated services and a public-interest organization, the trademark shall be deemed unregistrable under the aforementioned provision.

Whether a “Cross Symbol” Constitutes the Distinctive Element in a Trademark Design

The determination of distinctiveness must be based on the relationship between the trademark and the designated goods or services, and cannot be assessed in isolation from them.

In actual examination practice, many trademarks designated for use in connection with medical-related goods or services contain cross symbols. According to general social perception and commercial practice, the cross symbol is frequently used to indicate or suggest meanings such as “medical” or “emergency care,” in order to convey the nature or function of the goods or services to consumers.

From the perspective of relevant consumers, when a trademark is designated for use in connection with goods or services such as pharmaceutical retail or wholesale, or medical equipment distribution, a cross symbol within the trademark design may merely serve as a descriptive indication—signifying that the product or service has a medical function or is related to healthcare or emergency aid.

Therefore, such use of the cross symbol is considered descriptive, lacks distinctiveness, and is already widely used in the medical industry. As a result, it does not require a disclaimer of exclusivity.

 

Whether a trademark design containing a cross symbol as a whole lacks distinctiveness, or whether the cross symbol itself is the non-distinctive part of the trademark, and whether such part should be disclaimed from exclusive use, must still be determined on a case-by-case basis.

This requires a comprehensive assessment of the overall conceptual impression conveyed by the trademark, as well as the potential relationship between the mark and the designated goods or services.

 

※Even if the trademark design as a whole, including the cross symbol, is considered distinctive, it must still be examined against other grounds for refusal as stipulated in the Trademark Act.

(1) Trademark Designs Containing a “Red Cross on White Background”

The impression conveyed to consumers by a cross symbol can vary depending on the style of design, color scheme, and accompanying text or visual elements within the trademark.

It is not the case that all trademarks containing a cross are automatically considered identical or similar to the “Red Cross on a white background” emblem described earlier, nor that they inherently pose a risk of public confusion or misunderstanding.
Each case must be individually assessed, based on a holistic observation of the overall trademark design, to determine whether Article 30, Paragraph 1, Subparagraph 5 of the Trademark Act applies.

The official emblem of the Red Cross is characterized primarily by a red cross on a white background.
Therefore, when examining a trademark application, the color and placement of the cross symbol are key factors.

If the applied-for trademark features a red cross (true red) placed on a white or near-white background, it is likely to be deemed identical or similar to the Red Cross’s emblem and may fall within the scope of prohibited registrations under the aforementioned provision.

 

※It may cause the public to mistakenly believe that the collective trademark represents membership or affiliation with the Red Cross.

(2) Trademark Designs That Do Not Contain the “Red Cross on White Background”

Given that the Red Cross has long used the “red cross on white background” emblem as a key element of its identifying symbol, this color and layout are crucial for its distinctiveness.

If a trademark application includes a cross symbol, but:

• The mark is filed in black and white; or
• It uses a red cross, but placed on a non-white background; or
• It features a red cross on a white background, but the cross has been specially stylized or uniquely designed;

Then such design elements would not fall under the definition of the “red cross on white background” emblem described in this principle.

As long as the overall visual impression conveyed by the mark differs significantly from the long-established Red Cross symbol, and there is no likelihood that the public would confuse or associate the trademark with the Red Cross, such a trademark would not be considered in violation under general social perception.
 

As shown in the example below, even if the cross symbol is not a “red cross on a white background,” if the overall impression created by the design—through the combination of other text or graphic elements—suggests a connection with the Red Cross, the trademark may still be considered similar to the emblem used by the Red Cross, and thus pose a risk of public confusion or misunderstanding.


This article has outlined examples of trademarks that do and do not contain the “red cross on white background,” and has explained whether the cross symbol is considered a distinctive element within the overall trademark design.

In the next installment, we will focus on whether the “red cross on white background” necessarily leads to a likelihood of public confusion.

 

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