TMEP 1303.02(a): Ownership Considerations

October 2017 Edition of the TMEP

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1303.02(a)    Ownership Considerations

Under the definition of "collective mark" in §45 of the Trademark Act, a collective mark must be owned by a collective entity. 15 U.S.C. §1127. The use of a collective trademark or collective service mark is by members of the collective, but no member may own the collective mark. That is, application may not be made by a mere member. Therefore, in an application based on use in commerce under §1(a) of the Trademark Act, 15 U.S.C. §1051(a), the applicant must assert that the applicant is exercising legitimate control over the use of the mark in commerce.