The requirements for establishing a §1(b) basis are set forth in 37 C.F.R. §2.34(a)(2) for trademark and service mark applications (see TMEP §806.01(b)), §2.44(a)(4)(ii) for collective trademarks, collective service marks, and collective membership marks (see TMEP §1303.01(a)(ii) for collective trademarks and collective service marks and §1304.02(a)(ii) for collective membership marks), and §2.45(a)(4)(ii) for certification marks (see TMEP §1306.02(a)(ii)).

A §1(b) application must include a verified statement that the applicant has a bona fide intention to use the mark in commerce on or in connection with the goods/services listed in the application. 37 C.F.R. §§2.22(a)(6), 2.34(a)(2). The insufficient information fee is required if the verified statement is omitted. 37 C.F.R. §2.22(b). See TMEP §819.02(f) regarding verification.

The requirements for establishing a §1(b) basis for collective trademarks, collective service marks, and collective membership marks are set forth in 37 C.F.R. §2.44(a)(4)(ii). For collective trademarks and collective service marks, the applicant must submit a verified statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce; that to the best of the signatory’s knowledge and belief, no other persons, except members, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods or services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.22(a)(6), 2.44(a)(4)(ii). The insufficient information fee is required if the verified statement is omitted. 37 C.F.R. §2.22(b).

For collective membership marks, the applicant must submit a verified statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce; that to the best of the signatory’s knowledge and belief, no other persons, except members, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the collective membership organization of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.22(a)(6), 2.44(a)(4)(ii). The insufficient information fee is required if the verified statement is omitted. 37 C.F.R. §2.22(b).

See TMEP §819.02(f) regarding verification.

The requirements for establishing a §1(b) basis for certification marks are set forth in 37 C.F.R. §2.45(a)(4)(ii). See also TMEP §1306.02(a)(ii). An insufficient information fee is required if the following statements are omitted. 37 C.F.R. §2.22(b).

Statement Specifying What Applicant Will be Certifying. An applicant must submit a statement specifying what the applicant will be certifying about the goods and/or services in the application. 37 C.F.R. §§2.22(a)(6), 2.45(a)(4)(ii)(A). If the application includes a certification statement, no insufficient information fee will be required if the certification statement is later amended to provide greater specificity.

Statement that Applicant Will Not Engage in Production or Marketing of the Goods and/or Services. An applicant must submit a statement that the applicant will not engage in the production or marketing of the goods and/or services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods or services that meet the certification standards of the applicant. 37 C.F.R. §§2.22(a)(6), 2.45(a)(4)(ii)(B).

Verified Statement. The application must include a verified statement that the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce; that to the best of the signatory’s knowledge and belief, no other persons, except authorized users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods or services of such other persons, to cause confusion or mistake, or to deceive; and that the facts set forth in the application are true. 37 C.F.R. §§2.22(a)(6), 2.45(a)(4)(ii)(C). See TMEP §819.02(f) regarding verification.