TMEP 1303.02: Examination of Collective Trademark and Collective Service Mark Applications

This is the October 2015 Edition of the TMEP

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1303.02    Examination of Collective Trademark and Collective Service Mark Applications

The examination of applications to register collective trademarks and collective service marks is conducted in a manner similar to the examination of applications to register regular trademarks and service marks, using most of the same criteria of registrability. See 15 U.S.C. §1054. Thus, the same standards generally applicable to trademarks and service marks are used in considering issues such as descriptiveness, disclaimers, likelihood of confusion, and deceptiveness. However, use (specimens) and ownership requirements are slightly different due to the nature of collective marks. See TMEP §§ 1303.01(a)(i)-(a)(v). See TMEP § 1303.01(a)(i)(C) regarding specimens for collective marks. See TMEP §1207.04 for information regarding a concurrent use registration.