Federal law prohibits anyone other than the American National Red Cross and “its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States from using the Greek red cross on a white ground or the words ‘Red Cross’ or ‘Geneva Cross.'” The law states that “[w]hoever wears or displays the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross.” In other words, if you are using the Red Cross, people will believe that you are, in fact, from the Red Cross. We definitely do not want people to be confused about that. If someone is not from the Red Cross and pretending they are, people in real need could be hurt because of their mistake based on confusion.
If the mark includes a design element that would be likely to be perceived as the Geneva Red Cross, and it is not significantly altered, stylized, or merged with other elements in the mark, the examining attorney must refuse registration if any of the following conditions exist:
- the drawing or foreign registration shows the symbol in red;
- the drawing is not in color, but the specimen shows the symbol in red; or
- the drawing is not in color, but it includes the wording Red Cross or Geneva Cross.
The federal government takes it seriously enough that if someone is found to use the Red Cross fraudulently, they “shall be fined … or imprisoned not more than six months, or both.” Not a lot of trademark infringement can garner you jail time, but this one can.
There is an exception for use of the mark or words that were lawfully used on or before June 25, 1948.
To put it succinctly, unless you are the Red Cross or in a hospital unit of the armed forces or you have been using it for a long tie, the distinctive red cross is off limits. Try a different color or shape.