The requirements for establishing a filing basis under §44(d) are set forth in 37 C.F.R. §2.34(a)(4) for trademarks and service marks (see TMEP §806.01(c)), §2.44(a)(4)(iv) for collective trademarks, collective service marks, and collective membership marks (see TMEP §1303.01(a)(iii) for collective trademarks and collective service marks and §1304.02(a)(iii) for collective membership marks), and §2.45(a)(4)(iv) for certification marks (see TMEP §1306.02(a)(iii)).

The requirements for establishing a filing basis under §44(d) are set forth in 37 C.F.R. §2.34(a)(4) for trademarks and service marks. See TMEP §806.01(c).

Claim of Priority Filed Within Six Months of Foreign Filing. The claim of priority must be filed within six months of the filing date of the foreign application. 37 C.F.R. §§2.22(a)(6), 2.34(a)(4)(i). An insufficient information fee is required if the application does not meet this requirement. 37 C.F.R. §2.22(b).

First Filed Application. The applicant must: (a) specify the filing date and country of the first regularly filed foreign application; or (b) state that the application is based upon a subsequent regularly filed application in the same foreign country, and that any prior-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority. 37 C.F.R. §§2.22(a)(6), 2.34(a)(4)(i). The insufficient information fee is required if applicant does not meet this requirement. 37 C.F.R. §2.22(b).

Serial Number of Foreign Application Omitted - No Fee Required. The insufficient information fee is not required if a §44(d) filing basis is asserted and the applicant fails to specify the serial number of the foreign application in the initial application, because some applicants will not yet know the serial number of the foreign application at the time of filing in the United States. However, the serial number must be provided before the application can be approved for publication. 37 C.F.R. §2.34(a)(4)(i)(A).

Bona Fide Intention to Use the Mark in Commerce. The 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)(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 filing basis under §44(d) are set forth in 37 C.F.R. §2.44(a)(4)(iv) for collective trademarks, collective service marks, and collective membership marks. See TMEP §1303.01(a)(iii) for collective trademarks and collective service marks and §1304.02(a)(iii) for collective membership marks.

Claim of Priority Filed Within Six Months of Foreign Filing. The claim of priority must be filed within six months of the filing date of the foreign application. 37 C.F.R. §§2.22(a)(6), 2.44(a)(4)(iv)(A). An insufficient information fee is required if the application does not meet this requirement. 37 C.F.R. §2.22(b).

First Filed Application. The applicant must: (a) specify the filing date and country of the first regularly filed foreign application; or (b) state that the application is based upon a subsequent regularly filed application in the same foreign country, and that any prior-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority. 37 C.F.R. §§2.22(a)(6), 2.44(a)(4)(iv)(A). The insufficient information fee is required if applicant does not meet this requirement. 37 C.F.R. §2.22(b).

Serial Number of Foreign Application Omitted - No Fee Required. The insufficient information fee is not required if a §44(d) filing basis is asserted and the applicant fails to specify the serial number of the foreign application in the initial application, because some applicants will not yet know the serial number of the foreign application at the time of filing in the United States. However, the serial number must be provided before the application can be approved for publication. 37 C.F.R. §2.44(a)(4)(iv)(A).

Bona Fide Intention to Use the Mark in Commerce. 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)(iv)(B). 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)(iv)(B). 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 filing basis under §44(d) are set forth in 37 C.F.R. §2.45(a)(4)(iv) for certification marks. See TMEP §1306.02(a)(iii).

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)(iv)(B). An insufficient information fee is required if this statement is omitted. 37 C.F.R. §2.22(b). 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)(iv)(B). The insufficient information fee is required if this statement is omitted. See 37 C.F.R. §2.22(b).

Claim of Priority Filed Within Six Months of Foreign Filing. The claim of priority must be filed within six months of the filing date of the foreign application. 37 C.F.R. §§2.22(a)(6), 2.45(a)(4)(iv)(A). The insufficient information fee is required if this requirement is not met. 37 C.F.R. §2.22(b).

First Filed Application. The applicant must: (a) specify the filing date and country of the first regularly filed foreign application; or (b) state that the application is based upon a subsequent regularly filed application in the same foreign country, and that any prior-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority. 37 C.F.R. §§2.22(a)(6), 2.45(a)(4)(iv)(A). The insufficient information fee is required if this requirement is not met. 37 C.F.R. §2.22(b).

Serial Number of Foreign Application Omitted - No Fee Required. The insufficient information fee is not required if a §44(d) filing basis is asserted and the applicant fails to specify the serial number of the foreign application in the initial application, because some applicants will not yet know the serial number of the foreign application at the time of filing in the United States. However, the serial number must be provided before the application can be approved for publication. 37 C.F.R. §2.45(a)(4)(iv)(A).

Bona Fide Intention to Use the Mark in Commerce. 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)(iv)(C). 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.