| Fastener Insignia Register |
Referenced Items (326, 327, 328, 329) |
(329) Request for Information to Aid in the
Implementation of the Recordation Requirements
of Section 8 of the Fastener Quality Act
Agency: Patent and Trademark Office, Commerce
Action: Notice; Request for Information
Summary: The Patent and Trademark Office(PTO) is seeking information
concerning alphanumeric designations currently in use by manufacturers
or distributors of industrial fasteners. These alphanumeric designations
may be used to signify the physical characteristics, strength, chemical
content, size or other information about the fastener upon which they
appear or they may be used as common law trademarks to identify and
distinguish the manufacturer or distributor of such fasteners. The PTO
needs information concerning these alphanumeric designations in order to
administer the proposed fastener recordal system published on Aug. 17,
1992, at 57 F.R. 37060, 37061 to implement the requirements of Section 8
of the Fastener Quality Act, Public Law 101-592. Therefore, the PTO is
requesting from fastener industry associations, standards bodies, or
individual manufacturers or distributors, any general or specific
information available concerning alphanumeric designations currently in
use within the industry, whether as unregistered trademarks, as marks
required by a standard, or for any other purpose.
Date: Comments should be submitted on or before Sept. 27,1993. Comments
received after this date will be considered if possible.
Addresses: All comments concerning alphanumeric designations should be
addressed to Lynne G. Beresford, Trademark Legal Administrator,
Commissioner of Patents and Trademarks, Washington, D.C. 20231,
telephone number (703) 305-9464.
For Further Information Contact: Lynne G. Beresford, Trademark Legal
Administrator, (703) 305-9464.
Supplementary Information: In 1990, Congress enacted the Fastener
Quality Act, Public Law 101-592 (the Act) to protect public safety,
deter introduction of non-conforming fasteners into commerce, improve
the tracing of fasteners used in critical applications, and provide
customers with greater assurance that fasteners meet stated
specifications. The Act requires that certain fasteners sold in commerce
conform to the specifications to which they are represented to be
manufactured; provides for accreditation of laboratories engaged in
fastener testing; and requires the inspection, testing and certification
(in accordance with standardized methods) of fasteners covered by the
Act.
Section 8 of the Act prohibits offering fasteners for sale that are
required by an applicable standard or specification to bear a raised or
depressed insignia identifying the manufacturer or private label
distributor unless such manufacturer or distributor has complied with
the requirements of a program of the Secretary of Commerce for the
recordation of such insignia in order to ensure that the fasteners can
be traced to the manufacturer or distributor.
The program for recordation of fastener insignias, established by the
Secretary of Commerce and administered by the Patent and Trademark
Office, will allow the owner of a mark, which is the subject of a duly
filed trademark application or registration, to apply for recordal of
that mark as its fastener insignia. However, if the manufacturer or
private label distributor does not wish to use a trademark as its
fastener insignia, it will be permitted to apply for a unique
alphanumeric designation for that purpose.
The PTO wants to ensure that it does not inadvertently issue an
alphanumeric designation that is either already in use by a manufacturer
or distributor as its identifying insignia, or a designation already in
 Top of Notices (329) December 29, 2009 |
US PATENT AND TRADEMARK OFFICE |
1349 CNOG 2461 |
use by the industry to signify the physical characteristics, strength,
chemical content, size or other information about the fastener. For that
reason, the PTO is requesting from fastener industry associations,
standards bodies, or individual manufacturers or distributors, any
general or specific information available concerning alphanumeric
designations currently in use within the industry, whether as
unregistered trademarks, as marks required by a standard, or for any
other purpose. The PTO does not need information concerning specific
registered alphanumeric trademarks, as that information is readily
available from the PTO's database.
(Authority: 15 USC 5407)
July 15, 1993 MICHAEL K. KIRK
Acting Assistant Secretary
and Acting Commissioner
of Patents and Trademarks
[1154 TMOG 9]