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, collective service mark, or collective membership mark must include:

1. (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. (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)).

37 C.F.R. §7.37(i)-(i)(2).

The holder must submit a verified statement that the holder is exercising legitimate control over the use of the mark in commerce. See 37 C.F.R. §7.37(i)(1). If this verified statement is not filed with the original affidavit or declaration, it must also allege that the holder was exercising legitimate control over the use of the mark in commerce during the relevant time period for filing the §71 affidavit or declaration. See 37 C.F.R. §7.37(b), (i)(1).

The holder must state 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. 37 C.F.R. §7.37(i)(2). A statement that the holder’s bylaws or other written provisions specify the manner of control is sufficient to satisfy this requirement.

The following language may be used for the above purpose:

The holder controls the members’ use of the mark in the following manner: [specify, e.g., the holder’s bylaws specify the manner of control].