TMEP 1604.21(b): Exercising Legitimate Control

October 2017 Edition of the TMEP

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1604.21(b)    Exercising Legitimate Control

If use in commerce is claimed, the owner must submit a verified statement that the owner is exercising legitimate control over the use of the mark in commerce. See 37 C.F.R. §2.161(j)(2). If this verified statement is not filed with the original affidavit or declaration, it must also allege that the owner was exercising legitimate control over the use of the mark in commerce during the relevant time period for filing the §8 affidavit or declaration. See 37 C.F.R. §2.161(b), (j)(2).