A collective membership mark is a type of trademark owned by a collective organization for use by its members to indicate their membership in a particular organization. Select from the headings below to learn more.
What is a collective membership mark?
Examples of collective membership marks and how members use them
Does a collective membership mark have to include certain wording?
How does a collective membership mark differ from a trademark for association services?
Who can apply to register a collective membership mark?
Can a collective organization register the same mark as a collective membership mark and a trademark?
What are the requirements to apply for a collective membership mark?
What is a “filing basis” and why is it required in a collective membership mark application?
What are the requirements for each filing basis?
Use-in-commerce filing basis
Intent-to-use filing basis
Foreign registration filing basis (rarely used for a collective membership mark)
Foreign application filing basis (rarely used for a collective membership mark)
Can I have more than one filing basis in my application?
What is the difference between a filing basis and a registration basis?
What if I accidentally filed an application for the wrong type of mark?
Can a registered collective membership mark prevent registration of similar trademarks due to a likelihood of confusion?
Need to respond to an office action about your collective membership mark?
What is a collective membership mark?
It’s a type of trademark used by members of a collective organization to indicate their membership in a particular organization. The collective organization may be for a particular activity (such as selling lumber or snack food, or providing services as engineers or fashion designers) or a specific purpose (such as a social club, charitable or religious organization, trade association, political society).
Members of the collective organization may receive a membership card, certificate, or some other indication of membership (such as decals, wall plaques, pocket or sleeve patches) that shows the collective membership mark.
Examples of collective membership marks and how members use them
Members of The American Institute of Architects (AIA) are issued a membership card.1
Members of the United Steelworkers union are also issued a membership card.2
Members of the Neptune's Chosen motorcycle club may wear leather jackets with patches showing the name of the club.3
Members of the Alpha Sigma Kappa sorority may wear an authorized t-shirt with the sorority's Greek letters, which comprise the Sorority's collective membership mark.4
Does a collective membership mark have to include certain wording?
No. Collective membership marks are not required to be in any specific form or to include any particular wording. However, some collective membership marks include words like “membership,” “club,” “society,” “association,” “order,” “league,” and “legion.”
How does a collective membership mark differ from a trademark for association services?
The main difference between these types of marks is in who uses them.
A collective membership mark is owned by the collective organization (which could be an association) but is used by the organization’s members solely to indicate membership in the organization.
A trademark is both owned and used by the trademark owner (which is the association, not the members) to indicate the source of services provided by the association to promote the interests of its members or to promote public awareness of a particular field or subject matter.
For example, the trademark OUTDOOR INDUSTRY ASSOCIATION is used by the trademark owner, an association, to promote the interests of the outdoor recreation industry.5
Compare with the examples of how the collective membership mark OUTDOOR INDUSTRY ASSOCIATION is used by a member to indicate membership in the collective organization.6
1U.S. Registration No. 3200105.
2 U.S. Registration No. 3799583.
3 U.S. Registration No. 5225805.
4 U.S. Registration No. 7144341.
5 U.S. Registration No. 3348669.
6 U.S. Registration No. 3348670.
DISCLAIMER: References to particular trademarks, service marks, certification marks, products, services, companies, and/or organizations appearing on this page are for illustrative and educational purposes only and do not constitute or imply endorsement by the U.S. Government, the U.S. Department of Commerce, the U.S. Patent and Trademark Office, or any other federal agency.
Who can apply to register a collective membership mark?
Generally, a collective organization can apply as the owner of the collective membership mark. A collective group or organization can be an association, cooperative, union, or other kind of collective group.
No member may own the collective mark. The members of the collective membership organization may use the collective membership mark, but they do not own it and so are not the proper party to apply for a collective membership mark.
For more information about ownership of a collective membership mark, see TMEP section 1304.03(a).
Can a collective organization register the same mark as a collective membership mark and as a trademark?
Yes, as long as the same mark is being (or will be) used as both a collective membership mark and as a trademark. For example, a charitable collective organization’s name could be used by members as a collective membership mark and also by the organization itself as a trademark for their charitable services. However, the evidence necessary to show use as a collective membership mark and as a trademark would be different. See the TMEP section 1305 for more information about this.
What are the requirements to apply for a collective membership mark?
A complete collective membership mark application must include all of the following:
The legal name, physical domicile street address (and mailing address, if different from the domicile address), and email address for each applicant.
The legal entity type of each applicant (e.g., partnership, joint venture, limited liability company, corporation).
The citizenship of each applicant or the jurisdiction under whose laws each applicant business is organized (U.S. state or foreign country).
NOTE: For a U.S. partnership or joint venture, also specify the names and citizenship or jurisdiction of the general partners of the partnership or active members of the joint venture. And for a sole proprietorship, also specify the U.S. state or foreign country of its organization and the name and citizenship of the sole proprietor.
A description of the collective membership mark if the mark is stylized or has a design.
An English translation or transliteration of non-English wording in your collective membership mark.
A drawing of the collective membership mark you seek to register.
A filing fee for each class of goods and/or services (see the current fee schedule).
A filing basis (see below, "What is a ‘filing basis’ and why is it required in a collective membership mark application?”).
A registration basis, if appropriate (see below, "What is the difference between a filing basis and a registration basis?")
A description of the nature of the collective organization by type, purpose, or area of activity of the members. For example, “indicating membership in an association of computer professionals” or “indicating membership in a motorcycle club.”
The classification of the mark in U.S. Class 200 for Trademark Act section 1 and 44-based applications.
If the applicant is, or must be, represented by a U.S.-licensed attorney, the application must include the attorney's name, postal and email addresses, and bar information.
To satisfy these requirements, file a Collective membership mark application form with the USPTO online.
See TMEP sections 1304.02-1304.02(d) for more information about the elements of a complete collective membership mark application.
What is a “filing basis” and why is it required in a collective membership mark application?
A filing basis is the basis under federal law for filing an application for registration with the USPTO. There must be at least one filing basis in the application. And each filing basis has different legal requirements.
In the application, the collective organization may select from the four possible filing bases listed below; however, the filing bases listed under (3) and (4) are rarely used for collective membership marks.
Use-in-commerce filing basis (under Trademark Act section 1(a)) – means that at the time the application is filed, the collective organization is up and running and has members who are currently using the collective membership mark to indicate membership in the organization.
Intent-to-use filing basis (under section 1(b)) – means that at the time the application is filed, the collective membership mark is not yet being used by members but it has a bona fide intention to do so in the near future. A bona fide intent is a good faith intention to eventually use the collective membership mark in a real and legitimate way to indicate membership.
Foreign registration filing basis (under section 44(e)) – means that at the time the application is filed in the United States, the collective organization owns a foreign trademark registration of the same collective membership mark in the collective organization’s country of origin that is used to indicate membership in that organization. The collective organization must also have a bona fide intention to use the collective membership mark in the near future (see intent-to-use basis above).
Foreign application filing basis (under section 44(d)) – means that at the time the application is filed in the United States, the collective organization owns an earlier-filed foreign trademark application that was filed within six months of the U.S. application for the same collective membership mark that is used to indicate membership in that organization. This filing basis is also called a foreign priority basis because the collective organization would be requesting a “priority” filing date for the organization’s U.S. application—that is, the same date as the foreign application filing date. The collective organization must also have a bona fide intention to use the collective membership mark in the near future (see intent-to-use basis above).
The legal requirements for these four filing bases are specified in the section below called "What are the requirements for each filing basis?".
Information regarding a section 66(a) filing basis under the Madrid Protocol that is based on an international registration can be found in TMEP section 1306.02(a)(v) and on the Madrid Protocol for international trademark registration page.
What are the requirements for each filing basis?
An application must specify at least one of the four filing bases below. Click on each basis to see the application requirements.
Use-in-commerce filing basis
The collective organization may file or amend an application to one based on use in commerce under section 1(a) only if the collective organization is accepting members and conferring membership and members are actually using the collective membership mark on patches or membership cards/certificates or something similar, as of the application filing date.
To assert a use-in-commerce filing basis, the application or response must include:
The following five statements:
Applicant believes the applicant is the owner of the mark, that the mark is in use in commerce.
Applicant is exercising legitimate control over the use of the mark in commerce by the members.
To the best of the signatory’s knowledge and belief, no other persons except members have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the collective organization of such other persons, to cause confusion or mistake, or to deceive.
The specimen shows the mark as used in commerce by the applicant’s members.
The facts recited in the application are accurate.
- A statement specifying the nature of the applicant’s control over the use of the collective membership mark by the members (e.g., “Applicant’s control over the members’ use of the mark as specified in the applicant’s bylaws”).
- The date of first use of the collective membership mark anywhere by a member to indicate membership in the applicant’s collective organization under the mark.
- The date of first use of the collective membership mark in commerce by a member to indicate membership in applicant’s collective organization (the date when a member first indicates membership in the applicant’s collective organization under the collective membership mark in a type of commerce that may be lawfully regulated by the U.S. Congress).
- One specimen showing how a member uses the collective membership mark in commerce to indicate membership in the collective organization (e.g., membership cards or certificates, decals, plaques, patches, lapel pins), and, if the specimen was not included in the initial application, the following statement: “The specimen was used by the members in commerce in connection with the collective membership organization in the application as of the application filing date.”
Verification, in an affidavit or signed declaration under 37 C.F.R. §2.20, of the above statements in 1, dates of use in 3 and 4, and the specimen statement in 5, if it was not provided with the initial application.
See TEMP section 1304.02(a)(i) for information about the required elements for the use-in-commerce filing basis.
Intent-to-use filing basis
The collective organization may file or amend an application to one based on a bona fide intention to use the collective membership mark in commerce under section 1(b). However, this filing basis is not a basis for registration, so the collective membership mark will not register until the application is properly amended to one based on use in commerce by filing a timely and acceptable allegation of use (amendment to allege use or statement of use), which requires that the collective organization establish use in commerce.
The collective organization may file or amend an application to one based on a bona fide intention to use the collective membership mark in commerce under section 1(b) if the collective organization can in good faith agree to the following information and statements, verifying the statements below in an affidavit or declaration, in the application or response:
Applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce.
To the best of the signatory’s knowledge and belief, no other persons, except members, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used in connection with the collective membership organization of such other persons, to cause confusion or mistake, or to deceive.
The facts recited in the application are accurate.
For more information about the intent-to-use filing basis, see TMEP section 1304.02(a)(ii).
For more information about allegations of use, see TMEP sections 1104-1104.11, 1109-1109.18.
For more information about the general requirements for amending an intent-to-use application to use in commerce, see the Intent-to-use applications page.
Foreign registration filing basis (rarely used for a collective membership mark)
The collective organization may file or amend the U.S. application to one based on a foreign registration under section 44(e) if, in addition to the requirements under section 1(b) intent-to-use filing basis above, the application or response includes:
A copy of the foreign registration, which is current and in force, for the same collective membership mark for the same goods or services from the collective organization’s “country of origin.”
NOTE: The country of origin is the country where the collective organization is incorporated or legally organized or has a bona fide and effective industrial or commercial business. The country of origin must also be a party to an international treaty or other international agreement that the United States has signed and agreed to and which extends reciprocal trademark registration rights by law to U.S. nationals.
An English translation of the foreign registration if it is not in English, signed by the translator.
See TMEP section 1306.02(a)(iv) for information about the required elements for the foreign registration filing basis.
Foreign application filing basis (rarely used for a collective membership mark)
Although the collective organization may file an application based on a foreign application and receive a priority filing date, this filing basis is not a basis for registration, so the collective membership mark will not register until the application is properly amended to one based on use in commerce or a foreign registration basis. For more information on these bases, see the sections above on requirements for use-in-commerce filing basis and foreign registration filing basis.
The collective organization may file or amend the U.S. application to request a priority filing date under section 44(d) based on an earlier-filed foreign application if, in addition to the requirements under section 1(b) intent-to-use basis above, the application or response includes:
A "claim of priority” within six months of the filing date of the foreign application; and
The filing date, serial number, and country name of the first legitimately filed foreign application, or the following statement: “The U.S. application is based upon a subsequent regularly filed application in the same foreign country, and any earlier-filed application has been withdrawn, abandoned, or otherwise disposed of, without having been laid open to public inspection and without having any rights outstanding, and has not served as a basis for claiming a right of priority.”
See TMEP section 1304.02(a)(iii) for information about the required elements for a foreign application filing basis.
Can I have more than one filing basis in my application?
Yes, as long as the collective organization meets the requirements for each filing basis claimed under sections 1 and/or 44. However, if the application was filed based on section 66(a), it can’t be combined with another filing basis. For more information about multiple bases, see the Basis page and TMEP section 1304.02(a)(vi).
What is the difference between a filing basis and a registration basis?
A filing basis is the basis under federal law for filing an application for registration with the USPTO. Each application must include at least one filing basis, and each filing basis has different legal requirements. See above for more information about filing bases.
A registration basis is the basis for registering a mark with the USPTO. There are two registration bases – (1) use in commerce under section 1(a) and (2) a foreign registration under section 44(e). If the collective organization filed an application based on section 1(b), an intent to use the mark in the near future, or section 44(d), based on a foreign application, then the collective organization must also satisfy the requirements for at least a use-in-commerce or section 44(e) basis before the collective membership mark may register.
For more information about the difference between these types of bases, see TMEP sections 806, 1003.03.
What if I accidentally filed an application for the wrong type of mark?
Generally, this can be fixed. The collective organization can make changes to the application to meet the application requirements above. For example, if the collective organization applied using a trademark application, the requirement for specifying the classification of goods or services will need to be fixed because a collective membership mark is uniquely classified in U.S. Class 200. Those and any other necessary corrections can be made to the application by submitting a Voluntary amendment or Response to Examining Attorney Office Action form online through our electronic filing system.
See TMEP section 1304.03(b)(ii) for more information about degree or title designations.
Can a registered collective membership mark prevent registration of similar trademarks due to a likelihood of confusion?
Yes, if the relevant persons (i.e., authorized users and prospective authorized users of the collective membership mark as well as consumers and prospective consumers of the goods or services) are likely to believe that the trademark owner’s goods or services were certified or licensed by or in some way associated with the collective organization.
See TMEP section 1306.05(g) for more information about likelihood of confusion between a collective membership mark and a trademark.
Need to respond to an office action about your collective membership mark?
Respond online using our electronic filing system. Follow the specific instructions below for collective membership marks, or get general information about responding to office actions.
To amend application to a use-in-commerce filing basis, section 1(a)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
When submitting a verified statement or specimen, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping the declaration signature in the form will likely result in the refusal of the specimen and/or a requirement for a verified statement.
To amend the filing basis to a use-in-commerce basis under section 1(a), correct classification and the identification, and add a statement about the nature of the applicants's control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
b. Immediately under “Original International Class,” select, next to “International Class” the number 200 from the drop-down menu.
c. Under “Listing of Goods/Services/Collective Membership Organization,” describe in the box the nature of the collective organization by type, purpose, or area of activity of the members, if not previously provided.
d. Check the box next to "Filing Basis Section 1(a)."
e. Enter dates of first use (anywhere and in commerce) in the two boxes below the “Filing Basis Section 1(a)” statement using the format MM/DD/YYYY.
f. Under “Specimen File,” click the gray button to attach a specimen (an image file attachment may not exceed 5 megabytes for a JPG file and 30 megabytes for a PDF file).
g. Describe what the specimen consists of in the box below, and provide the additional required information below that, if necessary, for a specimen that is a webpage.
h. Check the box next to the following statement below the specimen description and webpage information: “Check this box if specimens are now being submitted or were previously submitted unverified in the initial application.”
i. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to an intent-to-use filing basis, section 1(b)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
To amend the filing basis to an intent-to-use basis under section 1(b), correct classification and the identification, and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
b. Immediately under “Original International Class,” select, next to “International Class” the number 200 from the drop-down menu.
c. Under “Listing of Goods/Services/Collective Membership Organization,” describe in the box the nature of the collective organization by type, purpose, or area of activity of the members, if not previously provided.
d. Check the box next to “Filing Basis Section 1(b).”
e. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to a foreign registration filing basis, section 44(e)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
To amend the filing basis to a foreign registration basis under section 44(e), correct classification and the identification, and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
b. Immediately under “Original International Class,” select, next to “International Class,” the number 200 from the drop-down menu.
c. Under “Listing of Goods/Services/Collective Membership Organization,” describe in the box the nature of the collective organization by type, purpose, or area of activity of the members, if not previously provided.
d. Check the box next to “Filing Basis Section 44(e).”
e. Provide the required data regarding the foreign registration in the ensuing boxes and attach a copy of hte foreign registration (or proof of its renewal, if appropriate).
f. Uncheck the box next to any previous basis that was selected (skip this step if not applicable).
Under the heading “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.
To amend application to a foreign application filing basis, section 44(d)
The instructions below presume there is more than one issue to respond to. To respond, fill out the form to address all issues in the office action and, at the end of the form, the correct party must properly sign it. It is important that the proper party sign the response, otherwise we may not accept it and you could miss the deadline for responding to an office action. For more information about who may sign a response, review the office action.
WARNING: When submitting a verified statement for this filing basis, the online form requires two signatures: one in the “Declaration Signature” section and one in the “Response Signature” or “Request for Reconsideration Signature” section. Skipping signing the declaration in the form could result in the USPTO issuing a requirement for a verified statement.
To amend the filing basis to a foreign application basis under section 44(d), correct classification and the identification, and add a statement about the applicant’s control:
If responding to a nonfinal office action, use the Response to Examining Attorney Office Action form. If responding to a final office action, use the Request for Reconsideration after Final Action form.
Answer "Yes" to questions on the form regarding changing the filing basis and existing class number, modifying the identification, and adding a miscellaneous statement.
Under the heading "Classification and Listing of Goods/Services/Collective Membership Organization," do the following:
a. Check the box next to the following statement: "Check here to modify the current classification number; listing of goods/services/the nature of the collective membership organization; dates of use; and/or filing basis; or to submit a substitute specimen, a foreign registration certificate, or proof of renewal of a foreign registration. If not checked, the changes will be ignored.”
b. Immediately under “Original International Class,” select, next to “International Class,” the number 200 from the drop-down menu.
c. Check the box next to “Filing Basis Section 44(d).”
d. Provide the required data regarding the foreign application in the ensuing boxes.
e. Uncheck the box next to any previous filing basis that was selected (skip this step if not applicable).
Under the heading, “Additional Statement(s),” scroll down and check the box for a “Miscellaneous Statement.” Then enter a statement specifying the nature of the applicant’s control over the use of the mark by the members, such as in applicant’s bylaws.
For additional information on amending a filing basis, see the TEAS Nuts and Bolts video on filing basis.