1613.20 Additional Requirements for §71 Affidavits or Declarations Pertaining to Collective Marks
In addition to the requirements specified in 37 C.F.R. §7.37(a)-(h) and TMEP §§1613.06–1613.19, a complete §71 affidavit or declaration pertaining to a collective trademark or service mark for which use in commerce is claimed must include:
- (1) A statement that the holder is exercising legitimate control over the use of the mark in commerce ( see TMEP §1613.20(a)); and
- (2) A statement specifying the nature of the holder’s control over the use of the mark by the members in the first §71 affidavit or declaration filed with the USPTO ( see TMEP §1613.20(b)).