TMEP 1303.01: Application Requirements for a Collective Trademark or Collective Service Mark

This is the October 2015 Edition of the TMEP

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1303.01    Application Requirements for a Collective Trademark or Collective Service Mark

Under 37 C.F.R. §2.44, a complete application for a collective trademark or collective service mark must include the following:

  • (1) the legal name and physical address of the applicant (see TMEP §§803.02, 803.05);
  • (2) the applicant’s legal entity type (see TMEP §803.03);
  • (3) the applicant’s citizenship or the jurisdiction under whose laws the applicant is organized, and if the applicant is a domestic partnership or joint venture, the names and citizenship of the general partners or active members of the joint venture (see TMEP §§803.03(b), 803.04);
  • (4) a description of the mark if the mark is not in standard characters (see TMEP §808);
  • (5) a translation/transliteration of any foreign wording in the mark (see TMEP §809);
  • (6) a drawing of the mark sought to be registered (see TMEP §807);
  • (7) a filing fee (see TMEP §810);
  • (8) a list of the particular goods or services on or in connection with which the applicant’s members use or intend to use the mark (see TMEP §§805, 1402);
  • (9) the international classification of the goods or services (see TMEP §§805, 1401); and
  • (10) a filing basis (see TMEP § 1303.01(a)-(a)(vi)), including verification of certain statements signed by the applicant or a person properly authorized to sign on behalf of the applicant (see TMEP § 1303.01(b)-(b)(ii)).

37 C.F.R. §2.44(a)(1), (a)(2)(i), (a)(3)(i), (a)(4).

Requirements that differ in form from those in trademark or service mark applications. Most application requirements for collective trademarks and collective service marks are the same as those for regular trademarks and service marks. See 37 C.F.R. §2.44(a)(1). However, the filing basis and verification requirements for collective trademark and collective service mark applications differ in form from other trademark and service mark applications because of the difference between who owns and uses collective trademarks and collective service marks. See TMEP §§1303.01(a)-(a)(v) for information regarding filing-basis requirements for collective trademarks and collective service marks and TMEP §§1303.01(b)-(b)(ii) for information regarding the verification of certain statements in collective trademark and collective service mark applications.

See TMEP Chapter 1600 for requirements post registration.