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Protection for Geneva Convention symbols

Edward Smith (edward.smith@ipo.gov.uk)

Nathan Abraham (nathan.abraham@ipo.gov.uk)

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

• Article 53 of the First 1949 Geneva Convention states:

– “The use by individuals, societies, firms or companies either public or private, other than those entitled thereto under the present Convention, of the emblem or the designation ‘Red Cross’ or ‘Geneva Cross’, or any sign or designation constituting an imitation thereof, whatever the object of such use, and irrespective of the date of its adoption, shall be prohibited at all times”

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Art 53 protection• is absolute;• not restricted to medical use;• ‘confusion’ not required;

• applies to ‘symbols’ and ‘designations’.

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In contrast……

• Compare with the broad protection given to Art 6ter flags (American Clothing case C-202/08P, para 47).

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National law

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National law• Objection raised on the basis that the use of the

mark applied for or containing such a symbol or designation would be prevented in the UK by any enactment or rule of law (section 3(4) of The Trade Marks Act 1994) .

• Geneva Conventions Act 1957 (section 6).

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National practice• Marks comprising or containing crosses or other

protected symbols in colours (clearly) not red - not objectionable

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

REDD KROSS

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Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

RED

CRYSTAL

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Working with the Red Cross…• Decision to accept a mark that of the registry alone.

• But we work closely with the British Red Cross and will carefully consider ‘observations’ or , of course, formal opposition.

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Working with the Red Cross…..

IPO has ‘enforcement role’ as well as trade mark registration authority eg.

(But this brewery has been using before Geneva Conventions Act !!)

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

The Leaflet• Applies only to applications made in black and white

containing or comprising one of the symbols;

• Written by the Red Cross

• Sent out with examination report

• Does not constitute an objection

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

•As a follow-up of the LM meeting:

•Information about the applicable law(s) for refusing “Red Cross” –signs

•Any interesting borderline cases

Like Norway, we’d like to hear…

Intellectual Property Office is an operating name of the Patent Office www.ipo.gov.uk

Thanks for listening Merci de l’écoute

Danke für das Hören Gracias por escuchar