Red Cross Takes Action Against Unauthorized Use: Up to 100 Million Won Fine for Using the "Red Cross" Emblem

Trademark Registration Announced for Red Cross Emblem
Stricter Penalties for Unauthorized Use Expected

As early as April, unauthorized use of the Red Cross emblem-a red cross (+) symbol-at pharmacies, hospitals, and similar establishments could result in up to seven years in prison or a fine of up to 100 million won. This is because the red cross design, which symbolizes the International Red Cross Movement, has become protected under trademark law.

According to the Korean Red Cross on January 23, the organization received a "Notice of Publication of Application" from the Korean Intellectual Property Office on January 9 regarding the trademark registration application for the Red Cross emblem. The publication of application is a procedure in which the patent authority, having reviewed the trademark registration application, announces it to the public after determining there are no grounds for refusal.

The Korean Intellectual Property Office notified the Red Cross that, after a re-examination, it had decided to publish the application for hospitals, pharmacies, and medical device product categories. Publication is also expected for the pharmaceutical product category. If there are no specific objections during the two-month publication period that began on January 6, trademark registration will be granted. Once the Red Cross emblem is registered as a trademark, unauthorized users will be subject to up to seven years in prison or a fine of up to 100 million won for trademark infringement, in accordance with trademark law.

Previously, to strengthen the legal basis for protecting the emblem, the Korean Red Cross applied for trademark registration of the emblem in three product categories last year: pharmaceuticals, medical devices, and hospitals and pharmacies. Emblems such as the Red Cross, Red Crescent, and Red Crystal, which represent the International Red Cross Movement, serve as protective symbols during armed conflict or disasters. Both domestic and international law already stipulate that these emblems may only be used to indicate humanitarian activities by the Red Cross. According to the Korean Red Cross Organization Act, unauthorized use of the Red Cross emblem without the permission of the Red Cross or military medical institutions is subject to a fine of up to 10 million won and an administrative penalty of up to 5 million won.

Emblem of the International Red Cross Movement. Provided by the Korean Red Cross.

However, the Korean Red Cross believes that sanctions under the Korean Red Cross Organization Act are insufficient, and unauthorized use continues among hospitals, pharmacies, and pharmaceutical and medical device companies. A representative of the Korean Red Cross stated, “We do not plan to immediately file complaints against business operators for trademark law violations once registration is complete. Instead, we will focus on educational campaigns and guidance based on strengthened legal protection.”

Previously, a famous girl group used costumes bearing the Red Cross emblem without permission, later apologized, and donated 50 million won to the Korean Red Cross. Last year, on the KBS2 program 'Music Bank,' a well-known girl group performed their new song on stage wearing costumes featuring the Korean Red Cross emblem. This led to criticism that the emblem had been used without the consent of the Korean Red Cross. As the controversy grew, the group's management agency stated, “We recognized the issue with the stage costumes and contacted the Korean Red Cross to apologize. We are actively cooperating to prevent recurrence and implement follow-up measures,” adding, “We once again apologize to all those affected.”