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 for which use in commerce is claimed 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)).