TMEP 1306.03(b): Certification Standards – Required for §1(a) Applications and Allegations of Use Only

This is the October 2015 Edition of the TMEP

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1306.03(b)    Certification Standards – Required for §1(a) Applications and Allegations of Use Only

The applicant (certifier) must submit a copy of the standards established to determine whether others may use the certification mark on their goods and/or in connection with their services. 37 C.F.R. §2.45(a)(4)(i)(B). For an intent-to-use application, under §1(b) of the Act, 15 U.S.C. §1051(b), the standards are submitted with the allegation of use (i.e., either the amendment to allege use or the statement of use). 37 C.F.R. §§2.76(b)(5), 2.88(b)(5).

The standards do not have to be originally created by the applicant. They may be standards established by another party, such as specifications promulgated by a government agency or standards developed through research of a private research organization.

The standards must cover the full scope of the goods/services identified in the application. For example, if the goods are “olive oil,” but the standards are only for “extra virgin olive oil,” the examining attorney must require the applicant to submit standards that cover all types of olive oil or to amend the identification to “extra virgin olive oil.”