TMEP 1604.09(a): Goods/Services/Collective Membership Organization Must Be Specified or Expressly Incorporated by Reference

This is the October 2015 Edition of the TMEP

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1604.09(a)    Goods/Services/Collective Membership Organization Must Be Specified or Expressly Incorporated by Reference

Under 15 U.S.C. §1058(b) and 37 C.F.R. §2.161(e)(1), the affidavit or declaration must specify the goods, services, or nature of the collective membership organization for which the mark is in use in commerce, and/or the goods, services, or nature of the collective membership organization for which excusable nonuse is claimed. See TMEP §1604.10 regarding use in commerce, and TMEP §1604.11 regarding excusable nonuse. The affidavit or declaration may incorporate by reference the identification set forth in the registration certificate (e.g., “all goods/all services/or the nature of the collective membership organization listed in the existing registration” or “all goods/services/classes listed in the registration except... [specifying the goods/services/classes not covered by the affidavit or declaration]”). Incorporation by reference is recommended, to avoid inadvertent omissions.

If the owner is alleging use with respect to some of the goods/services/classes and excusable nonuse for other goods/services/classes, the owner must clearly indicate which goods/services/classes are in use and which goods/services/classes are not in use.