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TMEP 1613.21(d): Statement that Holder is Not Engaged in Production or Marketing of the Goods/Services

October 2017 Edition of the TMEP

TMEP Chapter Index
Chapter 1600: Registration and Post Registration Procedures
1613: Affidavit or Declaration of Use in Commerce or Excusable Nonuse Under §71 of the Trademark Act
1613.21: Additional Requirements for §71 Affidavits or Declarations Pertaining to Certification Marks

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1613.21(d)    Statement that Holder is Not Engaged in Production or Marketing of the Goods/Services

If use in commerce is claimed, the §71 affidavit or declaration must contain a statement that the holder is not engaged in the production or marketing of the goods 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 holder. 37 C.F.R. §7.37(j)(3); see 37 C.F.R. §2.45(a)(4)(i)(C). This statement does not have to be verified.