15 C.F.R. Subpart D—Recordal of Insignia
Title 15 - Commerce and Foreign Trade
Unless the specifications provide otherwise, if a fastener is required by the applicable consensus standard(s) to bear an insignia identifying its manufacturer, the manufacturer must: (a) Record the insignia with the U.S. Patent and Trademark Office prior to any sale or offer for sale of the fastener; and (b) Apply the insignia to any fastener that is sold or offered for sale. The insignia must be readable, and must be applied using the method for applying a permanent insignia that is provided for in the applicable consensus standard(s), or, if the applicable consensus standard(s) do(es) not specify a method for applying a permanent insignia, through any means of imprinting a permanent impression. [65 FR 39803, June 28, 2000] (a) Each manufacturer must submit a written application for recordal of an insignia on the Fastener Insignia Register along with the prescribed fee. The application must be in a form prescribed by the Director, USPTO. (b) The written application must be in the English language and must include the following: (1) The name of the manufacturer; (2) The address of the manufacturer; (3) The entity, domicile, and state of incorporation, if applicable, of the manufacturer; (4) Either: (i) A request for recordal and issuance of a unique alphanumeric designation by the Director, USPTO, or (ii) A request for recordal of a trademark, which is the subject of either a duly filed application or a registration for fasteners in the name of the manufacturer in the U.S. Patent and Trademark Office on the Principal Register, indicating the application serial number or registration number and accompanied by a copy of the drawing that was included with the application for trademark registration, or a copy of the registration; (5) A statement that the manufacturer will comply with the applicable provisions of the Fastener Quality Act; (6) A statement that the applicant for recordal is a “manufacturer” as that term is defined in 15 U.S.C. 5402; (7) A statement that the person signing the application on behalf of the manufacturer has personal knowledge of the facts relevant to the application and that the person possesses the authority to act on behalf of the manufacturer; (8) A verification stating that the person signing declares under penalty of perjury under the laws of the United States of America that the information and statements included in the application are true and correct; and (9) The application fee. (c) A manufacturer may designate only one trademark for recordal on the Fastener Insignia Register in a single application. The trademark application or registration that forms the basis for the fastener recordal must be in active status, that is, a pending application or a registration which is not expired, or canceled, at the time of the application for recordal. (d) Applications and other documents should be addressed to: Director, United States Patent and Trademark Office, P.O. Box 16471, Arlington, VA 22215–1471 Attn: FQA [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, June 28, 2000; 70 FR 50181, Aug. 26, 2005] The Director, USPTO, will review the application for compliance with §280.310. If the application does not contain one or more of the elements required by §280.310, the Director, USPTO, will not issue a certificate of recordal, and will return the papers and fees. The Director, USPTO, will notify the applicant for recordal of any defect in the application. Applications for recordal of an insignia may be re-submitted to the Director, USPTO, at any time. [65 FR 39803, June 28, 2000] (a) If the application complies with the requirements of §280.310, the Director, USPTO, shall accept the application and issue a certificate of recordal. Such certificate shall be issued in the name of the United States of America, under the seal of the United States Patent and Trademark Office, and a record shall be kept in the United States Patent and Trademark Office. The certificate of recordal shall display the recorded insignia of the manufacturer, and state the name, address, legal entity and domicile of the manufacturer, as well as the date of issuance of such certificate. (b) Certificates that were issued prior to June 8, 1999, shall remain in active status and may be maintained in accordance with the provisions of §280.320 of this subpart, but only if: (1) The certificate is held by a manufacturer, and (2) The fasteners associated with the certificate are fasteners that must bear an insignia pursuant to 15 U.S.C. 5407. [65 FR 39803, June 28, 2000] (a) A manufacturer to whom the Director, USPTO, has issued an alphanumeric designation may apply for recordal of its trademark for fasteners if the trademark is the subject of a duly filed application or is registered in the United States Patent and Trademark Office on the Principal Register. Upon recordal, either the alphanumeric designation or the trademark, or both, may be used as recorded insignias. (b) A manufacturer for whom the Director, USPTO, has recorded a trademark as its fastener insignia may apply for issuance and recordal of an alphanumeric designation as a fastener insignia. Upon recordal, either the alphanumeric designation or the trademark, or both, may be used as recorded insignias. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, June 28, 2000]
Title 15: Commerce and Foreign Trade
PART 280—FASTENER QUALITY
Subpart D—Recordal of Insignia
§ 280.300 Recorded insignia required prior to offer for sale.
The Written Application
§ 280.310 Application for insignia.
§ 280.311 Review of the application.
§ 280.312 Certificate of recordal.
§ 280.313 Recordal of additional insignia.
Post-Recordal Maintenance
§ 280.320 Maintenance of the certificate of recordal.
(a) Certificates of recordal remain in an active status for five years and may be maintained in an active status for subsequent five-year periods running consecutively from the date of issuance of the certificate of recordal upon compliance with the requirements of paragraph (c) of this section.
(b) Maintenance applications shall be required only if the holder of the certificate of recordal is a manufacturer at the time the maintenance application is required.
(c) Certificates of recordal will be designated as inactive unless, within six months prior to the expiration of each five-year period running consecutively from the date of issuance, the certificate holder files the prescribed maintenance fee and the maintenance application. The maintenance application must be in the English language and must include the following:
(1) The name of the manufacturer;
(2) The address of the manufacturer;
(3) The entity, domicile, and state of incorporation, if applicable, of the manufacturer;
(4) A copy of manufacturer's certificate of recordal;
(5) A statement that the manufacturer will comply with the applicable provisions of the Fastener Quality Act;
(6) A statement that the applicant for recordal is a “manufacturer” as that term is defined in 15 U.S.C. 5402;
(7) A statement that the person signing the application on behalf of the manufacturer has knowledge of the facts relevant to the application and that the person possesses the authority to act on behalf of the manufacturer;
(8) A verification stating that the person signing declares under penalty of perjury under the laws of the United States of America that the information and statements included in the application are true and correct; and
(9) The maintenance application fee.
(d) Where no maintenance application is timely filed, a certificate of recordal will be designated inactive. However, such certificate may be designated active if the certificate holder files the prescribed maintenance fee and application and the additional surcharge within six months following the expiration of the certificate of recordal.
(e) After the six-month period following the expiration of the certificate of recordal, the certificate of recordal shall be deemed active only if the certificate holder files a new application for recordal with the prescribed fee for obtaining a fastener insignia and attaches a copy of the expired certificate of recordal.
(f) A separate maintenance application and fee must be filed and paid for each recorded insignia.
[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000]
§ 280.321 Notification of changes of address.
The applicant for recordal or the holder of a certificate of recordal shall notify the Director, USPTO, of any change of address or change of name no later than six months after the change. The holder must do so whether the certificate of recordal is in an active or inactive status.
[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000]
§ 280.322 Transfer or amendment of the certificate of recordal.
(a) The certificate of recordal cannot be transferred or assigned.
(b) The certificate of recordal may be amended only to show a change of name or change of address.
[61 FR 50558, Sept. 26, 1996. Redesignated at 65 FR 39803, June 28, 2000]
§ 280.323 Transfer or assignment of the trademark registration or recorded insignia.
(a) A trademark application or registration which forms the basis of a fastener recordal may be transferred or assigned. Any transfer or assignment of such an application or registration must be recorded in the United States Patent and Trademark Office within three months of the transfer or assignment. A copy of such transfer or assignment must also be sent to: Box Fastener, Director, United States Patent and Trademark Office, Washington, DC 20231.
(b) Upon transfer or assignment of a trademark application or registration which forms the basis of a certificate of recordal, the Director, USPTO, shall designate the certificate of recordal as inactive. The certificate of recordal shall be deemed inactive as of the effective date of the transfer or assignment. Certificates of recordal designated inactive due to transfer or assignment of a trademark application or registration cannot be reactivated.
(c) An assigned trademark application or registration may form the basis for a new application for recordal of a fastener insignia.
(d) A fastener insignia consisting of an alphanumeric designation issued by the Director, USPTO, can be transferred or assigned.
(e) Upon transfer or assignment of an alphanumeric designation, the Director, USPTO, shall designate such alphanumeric designation as inactive. The alphanumeric designation shall be deemed inactive as of the effective date of the transfer or assignment. Alphanumeric designations which are designated inactive due to transfer or assignment may be reactivated upon application by the assignee of such alphanumeric designation. Such application must meet all the requirements of §280.310 and must include a copy of the pertinent portions of the document assigning rights in the alphanumeric designation. Such application must be filed within six months of the date of assignment.
(f) An alphanumeric designation that is reactivated after it has been transferred or assigned shall remain in active status until the expiration of the five year period that began upon the issuance of the alphanumeric designation to its original owner.
[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000]
§ 280.324 Change in status of trademark registration or amendment of the trademark.
(a) The Director, USPTO, shall designate the certificate of recordal as inactive, upon:
(1) Issuance of a final decision on appeal which refuses registration of the application which formed the basis for the certificate of recordal;
(2) Abandonment of the application which formed the basis for the certificate of recordal;
(3) Cancellation or expiration of the trademark registration which formed the basis of the certificate of recordal; or
(4) An amendment of the mark in a trademark application or registration that forms the basis for a certificate of recordal. The certificate of recordal shall become inactive as of the date the amendment is filed. A new application for recordal of the amended trademark application or registration may be submitted to the Commissioner at any time.
(b) Certificates of recordal designated inactive due to cancellation, expiration, or amendment of the trademark registration, or abandonment or amendment of the trademark application, cannot be reactivated.
[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000]
§ 280.325 Cumulative listing of recordal information.
The Director, USPTO, shall maintain a record of the names, current addresses, and legal entities of all recorded manufacturers and their recorded insignia.
[65 FR 39804, June 28, 2000]
§ 280.326 Records and files of the United States Patent and Trademark Office.
The records relating to fastener insignia shall be open to public inspection. Copies of any such records may be obtained upon request and payment of the fee set by the Director, USPTO.
[61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, 39804, June 28, 2000]
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