1904.02(d) Certification and Collective Marks
Classes A, B, and 200 are classes from the prior United States classification system that are still used in the United States to classify certification marks for goods (Class A), certification marks for services (Class B), and collective membership marks (Class 200). These classes are not included in the international classification system under the Nice Agreement.
However, a §66(a) application may indicate that the mark is a "Collective, Certificate or Guarantee Mark." In such a case, the examining attorney will require the applicant to clarify for the record the type of mark for which it seeks protection. The examining attorney must also require the applicant to comply with the requirements for the particular type of mark, i.e., collective trademark, collective service mark, collective membership mark, or certification mark. See TMEP §§1303 et seq. regarding collective trademarks and collective service marks, TMEP §§1304 et seq. regarding collective membership marks, and TMEP §§1306 et seq. regarding certification marks.
If a §66(a) applicant indicates that the mark is a certification mark or collective membership mark, the USPTO will not reclassify it into United States Class A, B, or 200. However, the examining attorney must ensure that the applicant complies with all other United States requirements for certification or collective membership marks. See TMEP §§1304 et seq. and §§1306 et seq.