Interpretation ID: aiam3956
Mannesmann Pipe & Steel Corp.
1900 Post Oak Blvd.
18th Floor
Houston
TX 77056;
Dear Mr. Reese: This responds to your letter to Steve Kratzke of my staff, asking fo an interpretation of the requirements of Standard No. 120, *Tire Selection and Rims for Motor Vehicles Other Than Passenger Cars* (49 CFR S571.120). Specifically, you indicated you were writing on behalf of Mannesmann Kronprinz, a German branch of your company which manufactures wheels. You noted that section S5.2(d) of Standard No. 120 requires rims for use on motor vehicles other than passenger cars to be marked with the name, trademark or symbol identifying the rim manufacturer, and asked if this requirement meant that the German branch of your company had to register its logo or trademark with this agency. Standard No. 120 does not require manufacturers to register trademarks or symbols with the agency. However, 49 CFR S551.45 requires *all* manufacturers whose vehicles or items of motor vehicle equipment are imported into the United States to file a designation of agent with NHTSA, and this designation must include a listing of the marks, trade names or other designations of origin used by the manufacturer on its products. A check of our files shows that no such designation has ever been filed by Mannesmann Kronprinz.; Section S5.2 of Standard No. 120 sets forth rim marking requirement applicable to all rims for use on motor vehicles other than passenger cars. One of the items of information required to be marked on such rims is 'a designation that identifies the manufacturer of the rim by name, trademark, or symbol', S5.2(d). This information allows the agency and the public to identify the manufacturer of the rim if there is some problem with it.; The use of a trademark or symbol is allowed, instead of th manufacturer's name, because the agency can easily determine the identify of the manufacturer from the trademark or symbol. In the case of domestic manufacturers, their trademarks or symbols would be registered with the United States Patent and Trademark Office. In the case of foreign manufacturers, 49 CFR S551.45 requires them to file a designation of agent with this agency. One of the items of information required to be included in the designation of agent is a listing of 'the marks, trade names, or other designations of origin' which appear on any of the manufacturer's products in lieu of its legal name.; Both 49 CFR S551.45 and 15 U.S.C. 1399(e) require all foreig manufacturers to file a designation of agent with NHTSA *before* importing motor vehicles or items of motor vehicle equipment, including wheels into the United States. I have enclosed copies of the regulation and the statute for your reference. As you will see, Part 551 specifies that the designation of agent must contain the following six items of information:; >>>1. A certification that the designation is valid in form and bindin on Mannesmann Kronprinz under the laws, corporate by-laws, or other requirements governing the making of the designation at the time and place where it is made,; 2. The full legal name, principal place of business, and mailin address for Mannesmann Kronprinz,; 3. Marks, trade names, or other designations of origin for any o Mannesmann Kronprinz's products which do not bear its name,; 4. A statement that the designation shall remain in effect unti withdrawn or replaced by Mannesmann Kronprinz,; 5. A declaration of acceptance duly signed by the agent appointed b the Mannesmann Kronprinz, and that agent may be an individual, firm, or U.S. corporation, and; 6. The full legal name and address of the designated agent.<<< Further, 49 CFR Part 566, *Manufacturer Identification (copy enclosed requires manufacturers of motor vehicle equipment covered by our standards to provide certain information to NHTSA. The required information is simply the manufacturer's full name, address, and a brief description of the motor vehicle equipment it manufactures.; Should you have any further questions in this area, please contact Mr Kratzke at this address or by telephone at (202) 426-2992.; Sincerely, Jeffrey R. Miller, Chief Counsel