Interpretation ID: 10706

Mr. Takashi Tohse
Quality Assurance Group
Fabricated Glass General Division
Asahi Glass Company
2-1-2 Marunouchi
Chiyoda-ku, Tokyo 100 Japan

Dear Mr. Tohse:

This responds to your inquiry about whether various ways of marking your automotive glazing comply with the marking requirements in Federal Motor Vehicle Safety Standard No. 205, Glazing Materials. Specifically, you ask the agency to assess the merits of what you refer to as "plural company Ids" in your logo mark. By "plural company Ids," we assume you mean more than one distinctive designation or trademark. We also assume that you are a "prime glazing material manufacturer" which the Standard defines as "one who fabricates, laminates, or tempers the glazing material."

Under Standard No. 205, a replacement windshield is required to be marked with information that includes the prime glazing manufacturer's "distinctive designation or trademark" and a manufacturer's code mark assigned by this agency. See, S6.1 and S6.2.

You first ask, "Can a manufacturer use different kinds of Ids for different grades of products?" The answer to this question is yes. We understand that what you refer to as "Ids" is the manufacturer's distinctive designation or trademark. As long as an item of glazing has a manufacturer's distinctive designation or trademark, a manufacturer would comply with this requirement. The Standard does not prohibit a manufacturer from varying this distinctive designation or trademark among its different grades. (We note that each of your products would be marked with the same manufacturer's code mark that is assigned by NHTSA. This code mark will help NHTSA identify the manufacturer of the glazing material for purposes of defect and noncompliance recall campaigns.)

Your second question asks "Can a manufacturer used the same distinctive designation or trademark for two different companies?" The answer is yes. The requirements do not prohibit two companies from sharing a distinctive designation or trademark. As mentioned above, the glazing must be marked with the manufacturer's code mark that identifies the glazing's actual manufacturer.

I hope this information is helpful. Please feel free to contact Marvin Shaw of my staff at this address or by telephone at (202) 366-2992 if you have any further questions or need additional information.

Sincerely,

Philip R. Recht Chief Counsel

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