Global Fastener News

Headmarking Controversy Remains

John Wolz

Industrial Fasteners Institute managing director Rob Harris expressed regret that the rule prohibiting private label distributors and OEMs from registering headmarkings under the Fastener Quality Act wasn�t changed. As is, only the original manufacturers may register a headmarking.
Many importers, OEMs and private label distributors prefer to take responsibility for the fasteners rather than reveal to competitors the source of their supply.
“It is primarily a distribution issue, but we support distributors on it,” Harris said.
Bonnie Carter, chair of the Metric Importers of North America, expressed overall satisfaction with the law as “relaxed” by amendments.
Carter said the law does place a heavier burden on metric importers, because metrics generally face stricter specifications, such as headmarking for DIN 9-12 series socket head cap screws. “The comparable item in the U.S. doesn�t,” Carter noted.
NIST officially responded in the Federal Register saying the amended FQA “does not give the USPTO the authority to issue recordals to entities that are not fastener manufacturers. Although the previous version of the FQA required that both various manufacturers and various private label distributors record their insignias, the Fastener Quality Act amendments of 1999 explicitly limited this requirement to manufacturers: Congress specifically chose to exclude private label distributors by deleting the authority to register insignias of private label distributors. Congress left in the FQA authority to register insignias of manufacturers only, and required that covered fasteners bear the manufacturer�s insignia. Hence, it would be contrary to the congressional intent to record the insignia of any nonmanufacturer.” (See Excerpts in July 12, 2000, issue of FIN)
“PTO is insisting it doesn�t have the legal authority,” consultant David Edgerly explained. “The law is silent on it. In my opinion, the law does not preclude PTO from accepting it. The PTO could issue a legal opinion accepting private label distributors and OEMs. They don�t want to.”
Edgerly pointed out that there is “widespread industry practice as precedent. They simply have to interpret the law that way.