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Cross" or "Geneva Cross" or any combination of these words: Provided, however, That no person, corporation, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any unlawful purpose prior to January fifth, nineteen hundred and five, shall be deemed forbidden by this Act to continue the use thereof for the same purpose and for the same class of goods. If any person violates the provision of this section he shall be deemed guilty of a misdemeanor, and upon conviction in any federal court shall be liable to a fine of not less than one or more than five hundred dollars, or imprisonment for a term not exceeding one year, or both, for each and every offense."

Since the enactment of the law of 1905 there have been 53 registrations of the Red Cross insignia or the words "Red Cross" as a trademark, all of those offering same for registration having made declaration that they had been making use of this emblem for the same purpose previous to December 5, 1905, and since the legislation of 1910 there have been 4 registrations in favor of those who claimed to have acquired by previous use a common law property right in the mark.

That there are many persons who are ignorant of the existence of any prohibitory statute or who knowingly violate its provisions by using the emblem without any pretense of having in 1905 thus acquired right is certain but it has generally been found to be sufficient to call attention to the statute in order to cause the ignorant to discontinue such unauthorized use. It is the policy of the Red Cross to suggest to the law officers of the government the criminal prosecution of those who may wilfully disregard the law.

It is possible that the prohibitory character of the above cited legislation may be strengthened in one particular: This as respects the establishment judicially of the validity of the declaration, by the арplicant for new registration (as well as those who have effected registration since 1905), which asserts the use of the emblem as a trademark previous to 1905. These declarations are now ex parte, no proof of verity being offered or exacted. It is believed that many who have obtained registration on the mere assertion of the interested party would not be able to confirm and validate, by evidence of disinterested parties, the declarations they have made of rights by use acquired before 1905. The Central Committee is taking steps looking to the enactment of such further protective legislation by the United States Congress.

EXCERPT FROM SEVENTH ANNUAL REPORT OF THE AMERICAN NATIONAL RED CROSS

APRIL 1, 1912

LETTER

FROM

THE SECRETARY OF WAR

TRANSMITTING

SEVENTH ANNUAL REPORT OF THE AMERICAN NATIONAL RED

CROSS

APRIL 1, 1912.-Referred to Committee on Foreign Affairs and ordered to be printed

WAR DEPARTMENT, Washington, Mar. 29, 1912.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: I have the honor to transmit herewith the Seventh Annual Report of the American National Red Cross, made pursuant to the provision of the act of Congress approved January 5, 1905 (33 Stats., p. 599), entitled "An act to incorporate the American National Red Cross," and to state that the receipts and expenditures as shown on the accompanying report of the treasurer of the American National Red Cross, covering the period from January 1, 1911, to December 31, 1911, have been audited and found correct.

Very respectfully,

H. L. STIMSON,
Secretary of War.

Illegal Use of the Red Cross Emblem.

In nearly every instance of the misuse of our emblem and name, friendly correspondence with the users has shown that such use is generally due to ignorance of the law, and when the statute applicable is made known the improper display of the insignia is at once discontinued. The situation is somewhat embarrassed by the fact that a very considerable number of individuals, firms, and corporations are

recognized by the statute as having established previous to the incorporation of the American Red Cross in 1905 the right to label their merchandise with the red cross as a trade-mark, but an explanation of this fact to the misusers of the emblem is usually sufficient to make plain the difference between those who have and those who have not a right to use our symbol. The officers of the Government, whose duty it is to register trade-marks, now invariably refuse to recognize by registration any mark that contemplates a display of the red cross or that resembles it.

Quite recently a fine of $20 and imprisonment in the workhouse for 30 days was imposed by a municipal judge on two persons who had been masquerading as Red Cross nurses and fraudulently collecting money as such.

Criminal proceedings have been instituted by the United States, on the advice of the counselor of the Red Cross, in another case, where after a warning pointing out the infraction of the law by an organization styled "The National Hospital Association," the disuse of a very close imitation of the red cross was refused.

H. R. 14330, SIXTY-FIFTH CONGRESS, THIRD SESSION

65TH CONGRESS,

3RD SESSION.

H. R. 14330.

IN THE HOUSE OR REPRESENTATIVES

JANUARY 13, 1919

Mr. CHARLES B. SMITH introduced the following bill; which was referred to the Committee on the Judiciary and ordered to be printed

A BILL

To amend an Act entitled "An Act to incorporate the American National Red Cross," approved January fifth, nineteen hundred and five.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section four of the Act entitled "An Act to incorporate the American National Red Cross,' approved January fifth, nineteen hundred and five, is hereby amended to read as follows:

"SEC. 4. That from and after the passage of this Act it will be unlawful for any person within the jurisdiction of the United States to falsely or fraudulently hold himself out as or represent or pretend himself to be a member of or agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material or for any person to wear or display 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. It shall be unlawful for any person, corporation, or association other than the American National Red Cross and its duly authorized employees and agents and the Army and Navy sanitary and hospital authorities of the United States for the purpose of trade or as an advertisement to induce the sale of any article whatsoever or for any business or charitable purpose to use within the territory of the United States of America and its exterior possessions the emblem of the Greek Red Cross on a white ground, or any sign or insignia made or colored in imitation thereof, or of the words "Red Cross" or "Geneva Cross" or any combination of these words. If any person violates the provision of this section he shall be deemed guilty of a misdemeanor, and upon conviction in any Federal court shall be liable to a fine of not less than $100 or more than $500, or imprisonment for a term not exceeding one year, or both, for each and every offense."

H. R. 14330, SIXTY-FIFTH CONGRESS, THIRD SESSION

Hearings held by the Committee on Patents, House of Representatives, January 24, 1919

TO PROTECT THE NAME "RED CROSS"

COMMITTEE ON PATENTS,

January 24, 1919.

The committee met at 10:45 o'clock a. m., Hon. Charles B. Smith (chairman) presiding.

The CHAIRMAN. The committee is called to take up H. R. 14330, a bill to amend an act entitled "An act to incorporate the American National Red Cross, approved January 5, 1905." Col. Hartfield is here with several representatives of the Red Cross and is ready to make his statement to the committee.

STATEMENT OF COL. JOSEPH M. HARTFIELD

The CHAIRMAN. Colonel, will you state how you represent the Red Cross?

Mr. HARTFIELD. I am the legal adviser of the war council of the American Red Cross; and there are present also, Dr. Axson, Secretary of the Red Cross; and Mr. Hughes, assistant legal adviser of the war council.

The International Red Cross Society came into existence in 1864 as the result of a conference and a treaty held in the city of Geneva, Switzerland. At that conference there was adopted as the emblem of the Red Cross, out of compliment to the Swiss Republic, the Swiss flag reversed, or, in other words, a Greek or Maltese cross upon a white background. The United States was not technically represented at that conference in Geneva, although all of the historians agree that the creation of the Red Cross and the adoption of a cross as an emblem was largely due to what had been accomplished in the Civil War by what was then known as the United States Sanitary Commission, which was then operating in this country.

In 1882 the United States by appropriate action of the Senate and the Executive formally ratified the Treaty of Geneva of 1864, and since 1882 the United States has really been a party to this treaty in all respects the same as if it had been a signatory party thereto. The Red Cross emblem has been used by the Red Cross societies of all of the countries that were parties to the Geneva treaty of 1864 continuously since that time, and every civilized nation of importance has become a party to the treaty, either by having been represented there or by subsequent action, as in the case of the United States.

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