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Red Cross said:Thank you for your e-mail of 6 October to our general Information e-mail address, enquiring about the validity of the two proposed logos for your firm's division Medicol, both of which use red cross designs (copies attached). Your e-mail of the same date addressed to the American Red Cross has also been passed to me.
This is because both my American Red Cross colleagues and ourselves understand that your courier company is based in the United Kingdom. The fact that the British Red Cross has taken the lead in replying is in accordance with the normal procedure for dealing with such enquiries within the International Red Cross and Red Crescent Movement.
I am not sure from whom you received the original e-mail questioning your use of a design similar to the red cross emblem but whoever sent it was accurate in terms of the position under United Kingdom law. Both of the Medicol designs would appear to contravene that law. An explanation, which I hope you will find helpful, follows.
Use of the red cross emblem is restricted under the Geneva Conventions for the Protection of War Victims of 12 August 1949, and unauthorised use of this sign in the United Kingdom is an offence under the Geneva Conventions Act 1957 (section 6(1)(a) - please see copy attached). Designs resembling the emblem, and a white cross on a red field, are equally protected (please see section 6(2)(b) and section 6(2)(a) respectively).
The reason for this strict control is that the red cross emblem is an internationally agreed symbol of protection during armed conflicts. It is used to safeguard the wounded and sick and those who seek to help them in a totally neutral and impartial way. If the red cross emblem or similar signs are used for other purposes, no matter how beneficial or inconsequential they may seem, the special significance of the emblem will be diminished and potentially, lives may be lost.
The red cross emblem or similar are not general signs of medical matters, the nursing or the medical profession, health care, first aid or similar activities. Moreover, they are not signs to be used for commercial purposes, whether as a company logo or for advertising campaigns or on products.
A white or silver cross on a red ground, being the heraldic emblem of the Swiss Confederation, and similar designs, are also restricted in use because of the confusion which may arise between those signs, and the red cross emblem.
The British Red Cross is authorised to use the red cross emblem within specified limits under this international and national legislation. As part of the privilege of such use, the British Red Cross has a recognised role to play in monitoring unauthorised use or misuse of the red cross emblem or similar symbols throughout the United Kingdom. We work closely in this respect with the UK Ministry of Defence and the UK Intellectual Property Office.
I enclose a leaflet which may help to explain more clearly the restrictions on use of the red cross design. Subject to the restrictions on use of the red cross emblem, the Swiss heraldic emblem and similar designs, there is no restriction on use of a cross in a colour other than red or in the red-related spectrum, e.g. there is no objection to using green or black for the colour of a cross sign, although it would be prudent to avoid pink, orange, burgundy or maroon.
I note that you have already incorporated blue and green into your veterinary and laboratory designs. This inevitably limits your choices for your medical design if you wish to retain the cross as part of it. An alternative might be to incorporate another medical reference such as the traditional sign of the medical profession, the sign of Aesculapius (i.e. the staff and snake)
In case it is helpful, I would be happy to comment upon any proposed new logo(s) and/or design(s) or to help in some other way in order to ensure that there are no further difficulties.
I look forward to hearing from you.
Thank you for consulting us before proceeding with your re-branding, and thank you in advance for your understanding and co-operation.
Yours sincerely,
Michael Meyer
Michael Meyer
Head of International Law
British Red Cross