1604.20 Additional Requirements for §8 Affidavits or Declarations Pertaining to Collective Marks 
In addition to the requirements specified in 37 C.F.R. §2.161(a)-(h) and TMEP §§1604.06–1604.19, a complete §8 affidavit or declaration pertaining to a collective trademark, collective service mark, or collective membership mark for which use in commerce is claimed must include:
- (1) A statement that the owner is exercising legitimate control over the use of the mark in commerce ( see TMEP § 1604.20(a)); and
- (2) If the registration issued from an application based solely on §44 of the Act, a statement specifying the nature of the owner’s control over the use of the mark by the members in the first §8 affidavit or declaration filed with the USPTO ( see TMEP § 1604.20(b)).
1604.20(a) Exercising Legitimate Control
If use in commerce is claimed, the owner must submit a verified statement that the owner is exercising legitimate control over the use of the mark in commerce. See 37 C.F.R. §2.161(i)(1). If this verified statement is not filed with the original affidavit or declaration, it must also allege that the owner was exercising legitimate control over the use of the mark in commerce during the relevant time period for filing the §8 affidavit or declaration. See 37 C.F.R. §2.161(b), (i)(1).
1604.20(b) Manner/Method of Control
If the registration issued from an application based solely on §44 of the Act, the owner must state the nature of the owner’s control over the use of the mark by the members, in the first §8 affidavit or declaration of use that is filed with the USPTO. 37 C.F.R. §2.161(i)(2). A statement that the owner’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 owner controls the members’ use of the mark in the following manner: [specify, e.g., the owner’s bylaws specify the manner of control].