TMEP 1613.21(c): Certification Statement

This is the October 2015 Edition of the TMEP

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1613.21(c)    Certification Statement

The §71 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), 7.37(j)(3).

The registration as issued included a certification statement specifying what the holder will be certifying about the goods or services in the registration. See 37 C.F.R. §2.45(a)(4)(ii)(A). However, the §71 affidavit or declaration must include a certification statement specifying what the holder is certifying about the goods or services in the registration. See 37 C.F.R. §7.37(j)(3). This statement, if still accurate, must be included in the §71 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 holder must include in the §71 affidavit or declaration an amended certification statement specifying what the holder 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.