TMEP 1108.02(d)(1): Identification of Collective Membership Organization

This is the October 2015 Edition of the TMEP

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1108.02(d)(1)    Identification of Collective Membership Organization

In an extension request for a collective membership mark, the applicant must, in lieu of goods or services, instead identify or reference the nature of the collective membership organization in connection with which the applicant has a continued bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce. 15 U.S.C. §1051(d)(2); 37 C.F.R. §2.89(a)(3), (b)(3). The collective membership organization identified in the extension request must conform to the notice of allowance. 37 C.F.R. §2.89(f).

If an applicant files an extension request on a pre-printed paper form provided by the USPTO and fails to check either of the boxes available for identifying the goods/services on or in connection with which the applicant has a continued bona fide intention to use the mark in commerce, the ITU staff will assume that the applicant has a continued bona fide intention, and entitlement, to exercise legitimate control over the use of the mark in commerce on or in connection with all the goods/services/collective membership organization identified in the notice of allowance, and will grant the extension request, if it meets all other requirements of 15 U.S.C. §1051(d)(2) and 37 C.F.R. §2.89. In re Omega-3 Mktg., Inc., 35 USPQ2d 1158, 1159 (Comm’r Pats. 1994).