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Chapter 1300
Service Marks, Collective Marks, and Certification Marks
1301.01(a) Criteria for Determining What Constitutes a Service
1301.01(a)(i) Performance of a Real Activity
1301.01(a)(ii) For the Benefit of Others
1301.01(b) Whether Particular Activities Constitute “Services”
1301.01(b)(i) Contests and Promotional Activities
1301.01(b)(ii) Warranty or Guarantee of Repair
1301.01(b)(iii) Publishing One’s Own Periodical
1301.01(b)(iv) Soliciting Investors
1301.01(b)(v) Informational Services Ancillary to the Sale of Goods
1301.02 What Is a Service Mark
1301.02(a) Matter That Does Not Function as a Service Mark
1301.02(b) Names of Characters or Personal Names as Service Marks
1301.02(c) Three-Dimensional Service Marks
1301.02(d) Titles of Radio and Television Programs
1301.02(e) Process, System, or Method
1301.03 Use of Service Mark in Commerce
1301.03(a) Use of Service Mark in Advertising to Identify Services
1301.03(b) Rendering of Service in Commerce Regulable by Congress
1301.04 Specimens of Use for Service Marks
1301.04(a) Specimens Must Show Use as a Service Mark
1301.04(b) Association Between Mark and Services
1301.04(d) Specimens for Entertainment Services
1301.05 Identification and Classification of Services
1302 Collective Marks Generally
1302.01 History of Collective Marks
1303 Collective Trademarks and Collective Service Marks
1303.01 Use of Collective Trademark and Collective Service Mark Is By Members
1303.02 Examination of Collective Trademark and Collective Service Mark Applications
1303.02(b) Specimens of Use for Collective Trademark and Collective Service Mark Applications
1303.02(c) Special Elements of Collective Trademark and Collective Service Mark Applications
1303.02(c)(i) Manner of Control
1303.02(c)(ii) Use by Members Indicated in Dates-of-Use Clause
1304 Collective Membership Marks
1304.01 History of Membership Marks
1304.02 Purpose of Membership Mark
1304.03 Use of Membership Mark Is by Members
1304.04 Who May Apply to Register Membership Mark
1304.05 Who May Own Membership Mark
1304.06 Nature of the Collective Group
1304.08 Examination of Collective Membership Mark
1304.08(a) Matter That Does Not Function as a Membership Mark
1304.08(a)(i) Degree or Title Designations Contrasted to Membership Marks
1304.08(b) Likelihood of Confusion
1304.08(c) Classification in Membership Mark Applications
1304.08(d) Identifications in Membership Mark Applications
1304.08(e) Specimens of Use for Membership Marks
1304.08(f) Special Elements of Applications for Collective Membership Marks
1304.08(f)(i) Exercise of Control
1304.08(f)(ii) Manner of Control
1304.08(f)(iii) Use by Members Indicated in Dates-of-Use Clause
1305 Trademarks and Service Marks Used by Collective Organizations
1306.01 Definition of Certification Mark
1306.01(a) Use Is by Person Other than Owner
1306.01(b) Purpose Is to Certify, Not to Indicate Source
1306.02 Certification Marks That Are Indications of Regional Origin
1306.02(a) Indicating the Region
1306.02(b) Authority to Control a Geographical Term
1306.02(c) A Government Entity as Applicant for a Geographical Certification Mark
1306.03 Certification Marks Certifying that Labor Was Performed by Specific Group or Individual
1306.04 Ownership of Certification Marks
1306.05 Characteristics of Certification Marks
1306.05(a) Same Mark Not Registrable as Certification Mark and as Any Other Type of Mark
1306.06 Examination of Certification Mark Applications
1306.06(a) The Mark on the Drawing
1306.06(b) Specimens of Use for Certification Marks
1306.06(c) Relation Between Certification Mark and Trademark or Service Mark on Specimens
1306.06(d) Classification of Goods and Services in Certification Mark Applications
1306.06(e) Identification of Goods and Services in Certification Mark Applications
1306.06(f) Special Elements of Certification Mark Applications
1306.06(f)(i) Statement of What the Mark Certifies
1306.06(f)(iii) Exercise of Control
1306.06(f)(iv) Use by Others Indicated in Dates-of-Use Clause
1306.06(f)(v) Statement That Mark is Not Used by Applicant
1306.06(f)(vi) Amendment to Different Type of Mark
1306.07 Relationship of §14 (Cancellation) to Examination of Certification Mark Applications
1306.08 Registration of Certification Mark on Basis of Foreign Registration
1306.09 Uncertainty Regarding Type of Mark
1306.09(a) Distinction Between Certification Mark and Collective Mark
1307 Registration as Correct Type of Mark
The Trademark Act of 1946 provides for registration of trademarks, service marks, collective trademarks, and service marks, collective membership marks, and certification marks. 15 U.S.C. §§1051, 1053, and 1054. The language of this Manual is generally directed to trademarks. Procedures for trademarks usually apply to other types of marks, unless otherwise stated. This chapter is devoted to special circumstances relating to service marks, collective marks, collective membership marks, and certification marks.