TMEP 1306.01(c): Identifying Certification Mark Applications

This is the October 2015 Edition of the TMEP

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1306.01(c)    Identifying Certification Mark Applications

If the applicant has used the appropriate application form, the application will clearly indicate that the mark is intended to be a certification mark and should include the required elements. For certification mark applications based on §66(a) of the Trademark Act, the request for extension of protection will include a field indicating that the mark is a “Collective, Certificate or Guarantee Mark.” See TMEP §1904.02(d) regarding requirements for §66(a) applications for certification and collective marks.

The examining attorney may also determine that the mark is a certification mark based on a review of the information in the application, which should include a certification statement or language indicating the mark’s use, or intended use, to certify some aspect of the goods or services, such as certifying regional origin, or that the labor was performed by a certain group, or that the goods or services meet certain safety standards. If the nature of the mark and its intended use are unclear, the examining attorney must seek clarification, through a Trademark Rule 2.61(b) requirement for additional information or, if appropriate, by telephone or e-mail communication. See 37 C.F.R. §2.61(b); TMEP §§1306.04(b)(ii), 1306.06-1306.06(b). Any clarification regarding the certification statement that is received by informal communication must be recorded in a Note to the File. In addition, if certain required elements, such as those discussed in TMEP §1306.03, are missing or unacceptable, the applicant will be required to provide or amend them.