T.M.E.P. § 1304.03
Use of Membership Mark Is by Members

Executive summary:

This document contains one section of the Trademark Manual of Examining Procedure (the "TMEP"), Fourth Edition (April 2005). This page was last updated in June 2007. You may return to one either the section index, or to the key word index. If you wish to search the TMEP, simply use the search box that appears on the bottom of every page of BitLaw--be sure to restrict your search to the TMEP in the pop-up list.

For more information on trademark law, please see the Trademark Section of BitLaw.

Previous Section (§1304.02) | Next Section (§1304.04)

1304.03 Use of Membership Mark Is by Members

Registration of a membership mark is based on actual use of the mark by the members of a collective organization. The owner of the mark exercises control over the use of the mark; however, because the sole purpose of a membership mark is to indicate membership, use of the mark is by members. See In re Triangle Club of Princeton University, 138 USPQ 332 (TTAB 1963) (collective membership mark registration denied because specimens did not show use of mark by members). See also TMEP §1304.09(c).

Nothing in the Trademark Act prohibits the use of the same mark as a membership mark by members and, also, as a trademark or a service mark by the parent organization (see TMEP §1303.01) , but the same mark may not be used both as a membership mark and as a certification mark. TMEP §1306.05(a).