TMEP 1604.21(c): Certification Statement

This is the October 2015 Edition of the TMEP

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1604.21(c)    Certification Statement

The §8 affidavit or declaration must include a statement specifying the characteristic, standard, or other feature that is being certified by the mark, also known as the certification statement. See 37 C.F.R. §§2.45(a)(4)(i)(A), 2.161(j)(3).

Registrations Issued from Applications Based on §1 of the Act:

If the registration issued from an application based on §1 of the Act, the registration as issued included a certification 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). This statement, if still accurate, must be included in the §8 affidavit or declaration. See 37 C.F.R. §2. 161(j)(3). If what is being certified about the goods or services has changed, the owner must include in the §8 affidavit or declaration an amended certification statement specifying what the owner is currently certifying about the goods or services in the registration; however, an amendment that would materially alter the certification statement will not be permitted. See 37 C.F.R. §2.173(f); TMEP §1609.12.

Registrations Issued from Applications Based Solely on §44 of the Act:

If the registration issued from an application based solely on §44 of the Act, the registration as issued included a certification statement specifying what the owner will be certifying about the goods or services in the registration. See 37 C.F.R. §2.45(a)(4)(ii)(A). However, the §8 affidavit or declaration must include a certification statement specifying what the owner is certifying about the goods or services in the registration. See 37 C.F.R. §2.161(j)(3). The certification statement from the registration, if still accurate, must be included in the §8 affidavit or declaration using the present tense “is certifying,” “certifies,” or “is being certified.” If what is being certified about the goods or services has changed, the owner must include in the §8 affidavit or declaration an amended certification statement specifying what the owner is currently certifying about the goods or services in the registration; however, an amendment that would materially alter the certification statement will not be permitted. See 37 C.F.R. §2.173(f); TMEP § 1609.12.

See TMEP §1306.03(a) for general information about certification statements.