January 9, 2025 Copyright ©️ 2025 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.

 

Does a “Red Cross on White Background” Always Lead to a Likelihood of Public Confusion?

Even if a trademark design contains a “red cross on a white background,” it must still be further assessed to determine whether the overall presentation of that element would lead relevant consumers to associate the mark with the Red Cross.

 

Handling of Cases Where Article 30, Paragraph 1, Subparagraph 5 of the Trademark Act Applies

If a trademark design contains a “red cross on a white background” and is found to be identical or similar to the emblem of the Red Cross, and it is further determined that such use could mislead the public into believing that the source of the goods or services is connected to the Red Cross, then according to Article 31, Paragraph 2 of the Trademark Act, a preliminary notification of reasons for rejection will be issued.

If, however, the removal of the “red cross on white background” element does not alter the overall impression of the trademark that enables consumers to recognize the source of the goods or services,
then the applicant may submit a written request to delete the red cross element, thereby eliminating the basis for rejection under Article 30, Paragraph 1, Subparagraph 5.

 

※Article 30, Paragraph 1, Subparagraph 8 of the Trademark Act

Trademarks that are likely to mislead the public regarding the nature, quality, or place of origin of the goods or services shall not be registered.

 

In contrast to the Trademark Act, regulatory frameworks related to food, health food, and cosmetics—which aim to protect and maintain public health—have already established more specific and concrete prohibitions on labeling, along with defined legal effects and standards. These regulations are intended to prevent consumers from being misled into thinking a product has medical efficacy, which could lead to poor purchasing decisions and potential harm.

If a trademark design includes a cross symbol, along with text or graphics that suggest medical effects, such as:

• Claims that it can prevent, improve, alleviate, diagnose, or treat diseases or specific physiological conditions
• Claims to reduce or suppress internal substances associated with diseases
• Claims to be effective against diseases, disease syndromes, or symptoms
• References to traditional Chinese medicine (TCM) properties
• Citations from publications, classical texts, or third-party endorsements implying medical efficacy

—then such content may be considered as supporting evidence that the overall impression of the trademark implies a medical function.

If these kinds of trademarks are intended for use with food, health food, or cosmetics, which by law are not allowed to promote medical efficacy,
they are highly likely to mislead the public regarding the nature or quality of the goods, and thus fall under the scope of Article 30, Paragraph 1, Subparagraph 8 of the Trademark Act, making them ineligible for registration.

 

Conclusion

When applying for a trademark, if your logo design contains a cross symbol, you can avoid rejection and improve your chances of approval by following these guidelines:

1. If the design features a red cross on a white background, consider filing in black and white (monochrome) to reduce confusion with restricted symbols.
2. Do not combine the cross symbol with text or imagery that implies medical efficacy.
3. For word elements, in addition to checking the Intellectual Property Office’s trademark search system, don’t forget to Google the term to ensure it doesn’t conflict with the name of a well-known international organization.

 

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