1306.03(b) Certification Standards – Required for §1(a) Applications and Allegations of Use Only
The applicant (certifier) must submit a copy of the standards established to determine whether others may use the certification mark on their goods and/or in connection with their services. 37 C.F.R. §2.45(a)(4)(i)(B). For an intent-to-use application, under §1(b) of the Act, 15 U.S.C. §1051(b), the standards are submitted with the allegation of use (i.e., either the amendment to allege use or the statement of use). 37 C.F.R. §§2.76(b)(5), 2.88(b)(5).
The standards do not have to be originally created by the applicant. They may be standards established by another party, such as specifications promulgated by a government agency or standards developed through research of a private research organization.
The standards must cover the full scope of the goods/services identified in the application. For example, if the goods are "olive oil," but the standards are only for "extra virgin olive oil," the examining attorney must require the applicant to submit standards that cover all types of olive oil or to amend the identification to "extra virgin olive oil."
In the rare circumstance when it is impracticable to provide a copy of the standards, the USPTO may accept a permanent link or permanent URL to the applicant’s standards with a synopsis of those standards. This provision is not intended as a general alternative to providing a copy of the standards; it applies only to situations when the nature of the standards makes providing a copy impracticable. For example, it may be impracticable to include a copy of the standards if the standards exceed 1,000 or more pages.