TMEP 1604.20(b): Manner/Method of Control

October 2017 Edition of the TMEP

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1604.20(b)    Manner/Method of Control

If the registration issued from an application based solely on §44 of the Act, the owner must state the nature of the owner’s control over the use of the mark by the members, in the first §8 affidavit or declaration of use that is filed with the USPTO. 37 C.F.R. §2.161(i)(2). A statement that the owner’s bylaws or other written provisions specify the manner of control is sufficient to satisfy this requirement.

The following language may be used for the above purpose:

The owner controls the members’ use of the mark in the following manner: [specify, e.g., the owner’s bylaws specify the manner of control].