TMEP 1306.03(c): Statement that Applicant Is Not Engaged in (or Will not Engage in) Production or Marketing of the Goods/Services

This is the October 2015 Edition of the TMEP

Previous: §1306.03(b) | Next: §1306.04

1306.03(c)    Statement that Applicant Is Not Engaged in (or Will not Engage in) Production or Marketing of the Goods/Services

For applications based on §1(a) of the Act, the application must contain a statement that the applicant is not engaged in the production or marketing of the goods or services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant. 37 C.F.R. §2.45(a)(4)(i)(C). For applications based on §1(b), §44, or §66(a) of the Act, the application must contain a statement that the applicant will not engage in the production or marketing of the goods or services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant. 37 C.F.R. §2.45(a)(4)(ii)(B), (a)(4)(iii)(B), (a)(4)(iv)(B), (a)(4)(v)(A). This statement does not have to be verified and, therefore, may be entered by examiner’s amendment.