[Code of Federal Regulations]
[Title 37, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 37CFR2.45]

[Page 249]
 
              TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS
 
  CHAPTER I--UNITED STATES PATENT AND TRADEMARK OFFICE, DEPARTMENT OF 
                                COMMERCE
 
PART 2_RULES OF PRACTICE IN TRADEMARK CASES--Table of Contents
 
Sec. 2.45  Certification mark.

    (a) In an application to register a certification mark under section 
1(a) of the Act, the application shall include all applicable elements 
required by the preceding sections for trademarks. In addition, the 
application must: Specify the conditions under which the certification 
mark is used; allege that the applicant exercises legitimate control 
over the use of the mark; allege that the applicant is not engaged in 
the production or marketing of the goods or services to which the mark 
is applied; and include a copy of the standards that determine whether 
others may use the certification mark on their goods and/or in 
connection with their services.
    (b) In an application to register a certification mark under section 
1(b) or section 44 of the Act, the application shall include all 
applicable elements required by the preceding sections for trademarks. 
In addition, the application must: specify the conditions under which 
the certification mark is intended to be used; allege that the applicant 
intends to exercise legitimate control over the use of the mark; and 
allege that the applicant will not engage in the production or marketing 
of the goods or services to which the mark is applied. When the 
applicant files an amendment to allege use under section 1(c) of the 
Act, or a statement of use under section 1(d) of the Act, the applicant 
must submit a copy of the standards that determine whether others may 
use the certification mark on their goods and/or in connection with 
their services.

[64 FR 48920, Sept. 8, 1999]