TMEP 1104.08: Requirements for a Complete Amendment to Allege Use

October 2017 Edition of the TMEP

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1104.08    Requirements for a Complete Amendment to Allege Use

Trademarks and Service Marks

The requirements for a complete amendment to allege use are:

  • (1) a verified statement that the applicant is believed to be the owner of the mark and that the mark is in use in commerce, specifying the dates of first use of the mark anywhere and first use of the mark in commerce, and setting forth or incorporating by reference those goods/services specified in the application on or in connection with which the mark is in use in commerce;
  • (2) one specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56; and
  • (3) the prescribed fee for each class ( see 37 C.F.R. §2.6(a)).

37 C.F.R. §2.76(b).

Collective Marks

The requirements for a complete amendment to allege use are:

  • (1) a verified statement that: the applicant is believed to be the owner of the mark; the applicant is exercising legitimate control over the use of the mark in commerce; and the mark is in use in commerce, specifying the dates of first use of the mark anywhere and first use of the mark in commerce, and setting forth or incorporating by reference the goods/services/nature of the collective membership organization specified in the application on or in connection with which the mark is in use in commerce;
  • (2) one specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56;
  • (3) the prescribed fee for each class (see 37 C.F.R. §2.6(a) ); and
  • (4) a statement specifying the nature of the applicant’s control over the use of the mark by the members (37 CF.R. §2.44(a)(4)(i)(A); TMEP §1303.01(a)(i)(A)).

37 C.F.R. §2.76(b).

Certification Marks

The requirements for a complete amendment to allege use are:

  • (1) a verified statement that: the applicant is believed to be the owner of the mark; the applicant is exercising legitimate control over the use of the mark in commerce; and the mark is in use in commerce, specifying the dates of first use of the mark anywhere and first use of the mark in commerce, and setting forth or incorporating by reference those goods/services specified in the application on or in connection with which the mark is in use in commerce;
  • (2) one specimen per class of the mark as used in commerce that meets the requirements of 37 C.F.R. §2.56;
  • (3) the prescribed fee for each class ( see 37 C.F.R. §2.6(a) );
  • (4) a statement specifying what the applicant is certifying about the goods or services in the application (37 C.F.R. §2.45(a)(4)(i)(A); TMEP §1306.03(a));
  • (5) a copy of the certification standards governing use of the certification mark (37 C.F.R. §2.45(a)(4)(i)(B); TMEP §1306.03(b)); and
  • (6) a statement that the applicant is not engaged in the production or marketing of the goods or services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant (37 C.F.R. §2.45(a)(4)(i)(C); TMEP §1306.03(c)).

37 C.F.R. §2.76(b).