TMEP 1604.20: Additional Requirements for §8 Affidavits or Declarations Pertaining to Collective Marks

This is the October 2015 Edition of the TMEP

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1604.20    Additional Requirements for §8 Affidavits or Declarations Pertaining to Collective Marks

In addition to the requirements specified in 37 C.F.R. §2.161(a)-(h) and TMEP §§1604.06–1604.19, a complete §8 affidavit or declaration pertaining to a collective trademark, collective service mark, or collective membership mark must include:

  • (1) A statement that the owner is exercising legitimate control over the use of the mark in commerce (see TMEP § 1604.20(a)); and
  • (2) If the registration issued from an application based solely on §44 of the Act, a statement specifying the nature of the owner’s control over the use of the mark by the members in the first §8 affidavit or declaration filed with the USPTO (see TMEP § 1604.20(b)).

37 C.F.R. §2.161(i)-(i)(2).