Part 215

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      Title 14: Aeronautics and Space


      PART 215�USE AND CHANGE OF NAMES OF AIR CARRIERS, FOREIGN AIR CARRIERS AND 
      COMMUTER AIR CARRIERS


      Section Contents
      � 215.1   Applicability.
      � 215.2   Purpose.
      � 215.3   Use of name.
      � 215.4   Change of name or use of trade name.
      � 215.5   Procedure in case of similarity of names.
      � 215.6   Acknowledgment of registration.




      Authority:   49 U.S.C. Chapters 401, 411, 413, 417.
      Source:   53 FR 17923, May 19, 1988, unless otherwise noted.
      � 215.1   Applicability.
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      This part applies to all certified air carriers, commuter air carriers, 
      and foreign direct air carriers and to initial or amended applications for 
      authority, applications for certificate or permit transfers or 
      reissuances, and registration of business names.
      � 215.2   Purpose.
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      This part sets rules under which direct air carriers may use the names in 
      their operating authorizations and change those names. It further provides 
      for notification to air carriers that may be affected by the use by other 
      air carriers of the same or similar names. Its purpose is to place the 
      responsibility for resolving private disputes about the use of similar 
      names with the air carriers involved, through recourse to the trade names 
      statutes and the courts. These rules do not preclude Department 
      intervention or enforcement action should there be evidence of a 
      significant potential for, or of actual, public confusion.
      � 215.3   Use of name.
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      In holding out to the public and in performing air transportation 
      services, a direct air carrier or foreign direct air carrier subject to 
      this part shall use only the name in which its operating authorization is 
      issued or trade name is registered, and shall not operate or hold out to 
      the public in a name not acknowledged by the Department to be so 
      registered. Minor variations in the use of this name, including 
      abbreviations, contractions, initial letters, or other variations of the 
      name that are identifiable with the authorized name, are permitted. 
      Slogans and service marks shall not be considered names for the purpose of 
      this part, and their use is not restricted.
      [53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005]
      � 215.4   Change of name or use of trade name.
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      (a) Registrations. Any air carrier subject to this part that desires to 
      change the name in which its operating authorization has been issued, or 
      to use a trade name, or to obtain initial operating authority must 
      register the name with the Department. The Department will construe any 
      application for initial, reissued, or transferred authority as containing 
      a �registration� of the intended name. A separate name registration 
      document need not be filed. A carrier registering use of a trade name, 
      without seeking reissuance of its underlying certificate commuter or 
      foreign air carrier permit or exemption authority, must file a statement 
      that complies with ��302.3 and 302.4 of this chapter registering its 
      intended name with the Air Carrier Fitness Division if it is a U.S. 
      certificated or commuter carrier, or within the Licensing Division if it 
      is a foreign air carrier.
      (b) Montreal Agreement. Each registration under this section shall be 
      accompanied by three copies of a counterpart to the Montreal Agreement 
      (Agreement 18900) (OST Form 4523) signed by the carrier using the proposed 
      name. Upon arrival of the application, the Department will place a copy of 
      the signed OST form 4523 in Docket 17325.
      (Reporting and recordkeeping requirements in paragraph (b) were approved 
      by the Office of Management and Budget under control number 3024�0064.)
      [53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005]
      � 215.5   Procedure in case of similarity of names.
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      The Department will compare the proposed name in any registration filed 
      under this part or in an application for new, reissued, or transferred 
      authority with a list of names used by existing certificated, commuter and 
      foreign direct air carriers. The Department will notify the applicant of 
      any other certificated, foreign or commuter carriers that may have an 
      identical or similar name. The registrant must then notify those carriers 
      of its registration. The notification will identify the applicant and 
      state its proposed name or the name requested, area of operation or 
      proposed area of operation, type of business, and other pertinent matters. 
      The registrant must then file a certificate of service of the notification 
      with the Department.
      � 215.6   Acknowledgment of registration.
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      After completion of the filing and notification requirements of this part, 
      the Department may acknowledge the registration by notice in the action 
      granting the application for initial operating authority, transfer, or 
      reissuance or by separate notice in the case of use of a trade name. 
      Non-action under this provision shall not be construed as an adjudication 
      of any rights or liabilities.
      [53 FR 17923, May 19, 1988, as amended at 70 FR 25768, May 16, 2005]