PART 280—FASTENER QUALITY Authority: 15 U.S.C. 5401 et seq.; Source: 61 FR 50558, Sept. 26, 1996, unless otherwise noted. Subpart A—General § 280.1 Description of rule/Delegation of authority. (a) Description of rule. The Fastener Quality Act (the Act) (15 U.S.C. 5401 et seq., (1) Protects against the sale of mismarked, misrepresented, and counterfeit fasteners; and (2) Eliminates unnecessary requirements. (b) Delegations of authority. The Director, National Institute of Standards and Technology has authority to promulgate regulations in this part regarding certification and accreditation. The Secretary of Commerce has delegated concurrent authority to amend the regulations regarding enforcement of the Act, as contained in subpart C of this part, to the Under Secretary for Export Administration. The Secretary of Commerce has also delegated concurrent authority to amend the regulations regarding record of insignia, as contained in subpart D of this part, to the Under Secretary for Intellectual Property and Director of the United States Patent and Trademark Office. [65 FR 39801, June 28, 2000] § 280.2 Definitions used in this subpart. In addition to the definitions provided in 15 U.S.C. 5402, the following definitions are applicable to this part: Abandonment of the Application. Act. et seq., Administrative law judge (ALJ). Assistant Secretary. Department. Director, NIST. Director, USPTO. Fastener Insignia Register. Final decision. Initial decision. Party. Principal Register. Respondent. Revisions Under Secretary. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39801, June 28, 2000] Subpart B—Petitions, Affirmations, and Laboratory Accreditation Source: 65 FR 39801, June 28, 2000, unless otherwise noted. § 280.101 Petitions for approval of documents. (a) Certification. (2) Petitions should be submitted to: FQA Document Certification, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 62, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (b) Accreditation. (2) Petitions should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 61, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (c) Laboratory accreditation. (2) Petitions should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 25, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (d) Approval of accreditation bodies. (2) Petitions should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (3) The Director, NIST, shall approve such petition if the document provides equal or greater rigor and reliability as compared to ISO/IEC Guide 58, including revisions from time to time. A petition shall contain sufficient information to allow the Director, NIST, to make this determination. (e) Electronic copies of ISO/IEC Guides may be purchased through the American National Standards Institute (ANSI), Internet: http://www.ansi.org. § 280.102 Affirmations. (a)(1) An accreditation body accrediting third parties who certify manufacturing systems as fastener quality assurance systems as described in section 3(7)(B)(iii)(I) of the Act (15 U.S.C. 5402(7)(B)(iii)(I)) shall affirm to the Director, NIST, that it meets the requirements of ISO/IEC Guide 61 (or another document approved by the Director, NIST, under section 10(b) of the Act (15 U.S.C. 5411a(b)) and § 280.101(a) of this part), including revisions from time to time. (2) An accreditation body accrediting laboratories as described in section 3(1)(B) of the Act (15 U.S.C. 5402(1)(B)) shall affirm to the Director, NIST, that it meets the requirements of ISO/IEC Guide 58 (or another document approved by the Director, NIST, under section 10(d) of the Act (15 U.S.C. 5411a(d)) and § 280.101(d) of this part), including revisions from time to time. (b) An affirmation required under paragraph (a)(1) or (a)(2) of this section shall take the form of a self-declaration that the accreditation body meets the requirements of the applicable Guide, signed by an authorized representative of the accreditation body. No supporting documentation is required. (c) Affirmations should be submitted to: FQA Document Certifications, NIST, 100 Bureau Drive, Gaithersburg, MD 20899. (d) Any affirmation submitted in accordance with this section shall be considered to be a continuous affirmation that the accreditation body meets the requirements of the applicable Guide, unless and until the affirmation is withdrawn by the accreditation body. § 280.103 Laboratory accreditation. A laboratory may be accredited by any laboratory accreditation program that may be established by any entity or entities, which have affirmed to the Director, NIST, under § 280.102 of this subpart, or by the National Voluntary Laboratory Accreditation Program for fasteners, established by the Director, NIST, under part 285 of this chapter. Subpart C—Enforcement Source: 61 FR 50558, Sept. 26, 1996, unless otherwise noted. Redesignated at 65 FR 39802, June 28, 2000. § 280.200 Scope. Section 280.201 of this part specifies that failure to take any action required by or taking any action prohibited by this part constitutes a violation of this part. Section 280.202 describes the penalties that may be imposed for violations of this part. Sections 280.204 through 280.222 establish the procedures for imposing administrative penalties for violations of this part. [65 FR 39802, June 28, 2000] § 280.201 Violations. (a) Engaging in prohibited conduct. (b) Sale of fasteners. (1) The record of conformance for the lot of fasteners; (2) The identification, characteristics, properties, mechanical or performance marks, chemistry, or strength of the lot of fasteners; or (3) The manufacturers' insignia. (c) Manufacturers' insignia. Unless the specifications provide otherwise, fasteners that are required by the applicable consensus standard or standards to bear an insignia identifying their manufacturer shall not be offered for sale or sold in commerce unless (1) The fasteners bear such insignia; and (2) The manufacturer has complied with the insignia recordation requirements established under 15 U.S.C. 5407(b). [61 FR 50558, Sept. 26, 1996, as amended at 63 FR 18275, Apr. 14, 1998; 63 FR 34965, June 26, 1998; 63 FR 51526, Sept. 28, 1998. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.202 Penalties, remedies, and sanctions. (a) Civil remedies. (b) Civil penalties. (c) Criminal penalties. (2) Whoever intentionally fails to maintain records relating to a fastener in violation of the Act or a regulation issued thereunder shall be fined under title 18, United States Code, or imprisoned not more than five years or both. (3) Whoever negligently fails to maintain records relating to a fastener in violation of the Act or a regulation issued thereunder shall be fined under title 18, United States Code, or imprisoned not more than two years or both. § 280.203 Administrative enforcement proceedings. Sections 280.204 through 280.222 set forth the procedures for imposing administrative penalties for violations of the Act and this part. [65 FR 39802, June 28, 2000] § 280.204 Institution of administrative enforcement proceedings. (a) Charging letters. (b) Notice of issuance of charging letter instituting administrative enforcement proceeding. (1) By mailing a copy by registered or certified mail addressed to the respondent at the respondent's last known address; (2) By leaving a copy with the respondent or with an officer, a managing or general agent, or any other agent authorized by appointment or by law to receive service of process for the respondent; or (3) By leaving a copy with a person of suitable age and discretion who resides at the respondent's last known dwelling. (4) Delivery of a copy of the charging letter, if made in the manner described in paragraph (b)(2) or (3) of this section, shall be evidenced by a certificate of service signed by the person making such service, stating the method of service and the identity of the person with whom the charging letter was left. The certificate of service shall be filed with the administrative law judge. (c) Date. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.205 Representation. A respondent individual may appear and participate in person, a corporation by a duly authorized officer or employee, and a partnership by a partner. If a respondent is represented by counsel, counsel shall be a member in good standing of the bar of any State, Commonwealth or Territory of the United States, or of the District of Columbia, or be licensed to practice law in the country in which counsel resides if not the United States. A respondent personally, or through counsel or other representative who has the power of attorney to represent the respondent, shall file a notice of appearance with the administrative law judge. The Department will be represented by the Office of Chief Counsel for Export Administration, U.S. Department of Commerce. § 280.206 Filing and service of papers other than charging letter. (a) Filing. (b) Service. (c) Date. (d) Certificate of service. (e) Computing period of time. § 280.207 Answer and demand for hearing. (a) When to answer. (b) Contents of answer. (c) Demand for hearing. (d) English language required. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.208 Default. (a) General. (b) Petition to set aside default Procedure. (2) Time limits. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] § 280.209 Summary decision. At any time after a proceeding has been initiated, a party may move for a summary decision disposing of some or all of the issues. The administrative law judge may render an initial decision and issue an order if the entire record shows, as to the issue(s) under consideration: (a) That there is no genuine issue as to any material fact; and (b) That the moving party is entitled to a summary decision as a matter of law. § 280.210 Discovery. (a) General. (b) Interrogatories and requests for admission or production of documents. (c) Depositions. (d) Enforcement. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.211 Subpoenas. (a) Issuance. (b) Service. (c) Timing. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.212 Matter protected against disclosure. (a) Protective measures. (b) Arrangements for access. § 280.213 Prehearing conference. (a) The administrative law judge, on his or her own motion or on request of a party, may direct the parties to participate in a prehearing conference, either in person or by telephone, to consider: (1) Simplification of issues; (2) The necessity or desirability of amendments to pleadings; (3) Obtaining stipulations of fact and of documents to avoid unnecessary proof; or (4) Such other matters as may expedite the disposition of the proceedings. (b) The administrative law judge may order the conference proceedings to be recorded electronically or taken by a reporter, transcribed and filed with the ALJ. (c) If a prehearing conference is impracticable, the administrative law judge may direct the parties to correspond with the ALJ to achieve the purposes of such a conference. (d) The administrative law judge will prepare a summary of any actions agreed on or taken pursuant to this section. The summary will include any written stipulations or agreements made by the parties. § 280.214 Hearings. (a) Scheduling. (b) Hearing procedure. (c) Testimony and record. (d) Failure to appear. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] § 280.215 Interlocutory review of rulings. (a) At the request of a party, or on the administrative law judge's own initiative, the administrative law judge may certify to the Under Secretary for review a ruling that does not finally dispose of a proceeding, if the administrative law judge determines that immediate review may hasten or facilitate the final disposition of the matter. (b) Upon certification to the Under Secretary of the interlocutory ruling for review, the parties will have 10 days to file and serve briefs stating their positions, and five days to file and serve replies, following which the Under Secretary will decide the matter promptly. § 280.216 Proceeding without a hearing. If the parties have waived a hearing, the case will be decided on the record by the administrative law judge. Proceeding without a hearing does not relieve the parties from the necessity of proving the facts supporting their charges or defenses. Affidavits or declarations, depositions, admissions, answers to interrogatories and stipulations may supplement other documentary evidence in the record. The administrative law judge will give each party reasonable opportunity to file rebuttal evidence. § 280.217 Procedural stipulations; extension of time. (a) Procedural stipulations. (b) Extension of time. (2) The administrative law judge may, on the judge's own initiative or upon application by any party, either before or after the expiration of any applicable time limitation, extend the time within which to file and serve an answer to a charging letter or do any other act required by this part. § 280.218 Decision of the administrative law judge. (a) Predecisional matters. (1) Exceptions to any ruling by the judge or to the admissibility of evidence proffered at the hearing; (2) Proposed findings of fact and conclusions of law; (3) Supporting legal arguments for the exceptions and proposed findings and conclusions submitted; and (4) A proposed order. (b) Decision and order. (c) Suspension of sanctions. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] § 280.219 Settlement. (a) Cases may be settled before service of a charging letter. (b) Cases may also be settled after service of a charging letter. (2) If the case is pending before the Under Secretary under § 280.222 of this part, the parties may submit a settlement proposal to the Under Secretary for approval and signature. If the Under Secretary approves the proposal, he/she will issue an appropriate order. If the Under Secretary does not approve the proposal, the case will proceed to final decision in accordance with Section 280.623 of this part, as appropriate. (c) Any order disposing of a case by settlement may suspend the administrative sanction imposed, in whole or in part, on such terms of probation or other conditions as the signing official may specify. Any such suspension may be modified or revoked by the signing official, in accordance with the procedures set forth in § 280.218(c) of this part. (d) Any respondent who agrees to an order imposing any administrative sanction does so solely for the purpose of resolving the claims in the administrative enforcement proceeding brought under this part. This reflects the fact that the Department has neither the authority nor the responsibility for instituting, conducting, settling, or otherwise disposing of criminal proceedings. That authority and responsibility is vested in the Attorney General and the Department of Justice. (e) Cases that are settled may not be reopened or appealed. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] § 280.220 Reopening. The respondent may petition the administrative law judge within one year of the date of the final decision, except where the decision arises from a default judgment or from a settlement, to reopen an administrative enforcement proceeding to receive any relevant and material evidence which was unknown or unobtainable at the time the proceeding was held. The petition must include a summary of such evidence, the reasons why it is deemed relevant and material, and the reasons why it could not have been presented at the time the proceedings were held. The administrative law judge will grant or deny the petition after providing other parties reasonable opportunity to comment. If the proceeding is reopened, the administrative law judge may make such arrangements as the ALJ deems appropriate for receiving the new evidence and completing the record. The administrative law judge will then issue a new initial decision and order, and the case will proceed to final decision and order in accordance with § 280.222 of this part. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] § 280.221 Record for decision and availability of documents. (a) General. (b) Restricted access. (c) Availability of documents Scope. (2) Timing. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, 39803, June 28, 2000] § 280.222 Appeals. (a) Grounds. (1) That a necessary finding of fact is omitted, erroneous or unsupported by substantial evidence of record; (2) That a necessary legal conclusion or finding is contrary to law; (3) That prejudicial procedural error occurred; or (4) That the decision or the extent of sanctions is arbitrary, capricious or an abuse of discretion. The appeal must specify the grounds on which the appeal is based and the provisions of the order from which the appeal is taken. (b) Filing of appeal. (c) Effect of appeal. (d) Appeal procedure. (e) Decisions. (f) Delivery. (g) Judicial review. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39802, June 28, 2000] Subpart D—Recordal of Insignia § 280.300 Recorded insignia required prior to offer for sale. 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] The Written Application § 280.310 Application for insignia. (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, ATTN: FQA, 600 Dulany Street, MDE-10A71, Alexandria, VA 22314-5793. [61 FR 50558, Sept. 26, 1996. Redesignated and amended at 65 FR 39803, June 28, 2000; 70 FR 50181, Aug. 26, 2005; 72 FR 30704, June 4, 2007] § 280.311 Review of the application. 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] § 280.312 Certificate of recordal. (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] § 280.313 Recordal of additional insignia. (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] 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: Director, United States Patent and Trademark Office, ATTN: FQA, 600 Dulany Street, MDE-10A71, Alexandria, VA 22314-5793. (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; 72 FR 30704, June 4, 2007] § 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]