Interpretation ID: nht92-9.21

DATE: February 6, 1992

FROM: S. Watanabe -- Manager, Automotive Equipment Legal & Homologation Sect., Stanley Electric Co., Ltd.

TO: Administrator, NHTSA

TITLE: Re: Marking requirements of FMVSS No. 108 S7.2.(b)

ATTACHMT: Attached to letter dated March, 1992 (est.) from Paul Jackson Rice to S. Watanabe (A39; Std. 108)

TEXT:

As the overseas company of our firm-Stanley Electric Co., Ltd. in Japan, there are Thai Stanley Electric Co., Ltd. in Thailand and Taiwan Stanley Electric Co., Ltd. in Taiwan. We would like to have your advice about the Manufacturer Identification Mark required by FMVSS No. 108 S7.2.(b) on Thai or Taiwan made headlamps for U.S.

As the Manufacturer Identification Mark, Thai Stanley Electric Co., Ltd. has "TH STANLEY", "TH STANLEY" (in capital letters) and "STANLEY. TH" (in capital letters), as well as Taiwan Stanley Electric Co., Ltd. has "TW STANLEY", "TW STANLEY" (in capital letters) and "STANLEY. TW" (in capital letters). Can Thai Stanley Electric Co., Ltd. and Taiwan Stanley Electric Co., Ltd. use one of the marks to identify the manufacturer in order to conform the requirements of FMVSS NO. 108 S7.2.(b)?

In connection with this matter, we inform you that "TH STANLEY" and "TW STANLEY" have been made an application to the U.S. Patent and Trade Marks Office as a trade mark. However, "TH STANLEY" (in capital letters), "STANLEY. TH" (in capital letters), "TW STANLEY" (in capital letters) and "STANLEY. TW" (in capital letters) are not registered as a trade mark, because we think that they are not a trade mark, but a manufacturer's name.