TMEP 1613.21(a): Certification Standards

October 2017 Edition of the TMEP

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1613.21(a)    Certification Standards

Submitting certification standards for the first time. In the first §71 affidavit or declaration of use filed with the USPTO, the holder must include a copy of the standards established to determine whether others may use the certification mark on their goods and/or in connection with their services. 37 C.F.R. §7.37(j)(1)(i).

The standards do not have to be originally created by the holder. They may be standards established by another party, such as specifications promulgated by a government agency or standards developed through research of a private research organization.

The standards must cover the full scope of the goods/services identified in the registration. For example, if the goods are "olive oil," but the standards are only for "extra virgin olive oil," the USPTO must require the holder to submit standards that cover all types of olive oil or to amend the identification to "extra virgin olive oil."

Certification standards submitted in prior filing. If the certification standards in use at the time of filing the §71 affidavit or declaration have not changed since the date they were previously submitted to the USPTO, the §71 affidavit or declaration must include a statement to that effect. 37 C.F.R. §7.37(j)(1)(ii). If the certification standards in use at the time of filing the §71 affidavit or declaration have changed since the date they were previously submitted to the USPTO, the §71 affidavit or declaration must include a copy of the revised certification standards. Id.