TMEP 1604.21: Additional Requirements for §8 Affidavits or Declarations Pertaining to Certification Marks

October 2017 Edition of the TMEP

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1604.21    Additional Requirements for §8 Affidavits or Declarations Pertaining to Certification 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 certification mark for which use in commerce is claimed must include:

  • (1) A copy of the certification standards governing use of the certification mark on or in connection with the goods or services specified in the registration ( see 37 C.F.R. §2.45(a)(4)(i)(B); TMEP §1604.21(a));
  • (2) A statement that the owner is exercising legitimate control over the use of the mark in commerce ( see TMEP §1604.21(b));
  • (3) A statement specifying what the owner is certifying about the goods or services in the registration ( see 37 C.F.R. §2.45(a)(4)(i)(A); TMEP §1604.21(c)); and
  • (4) A statement that the owner 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 owner ( see 37 C.F.R. §2.45(a)(4)(i)(C); TMEP §1604.21(d)).

37 C.F.R. §2.161(j)-(j)(3).