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Respected Contributor
Posts: 4,446
Registered: ‎06-24-2011

Re: PROMINENT METAL STAMPS

[ Edited ]

 @Shanus  @Trinity11   This excerpt is from the United States National Gold and Silver Stamping Act at the UScode dot House dot Gov site:

 

(In other words if a person stamps metal, that person must include their trademark. Their trademark must be certified and registered.)

It appears to be an extensive law. The law in its entirety can be found online.

 

(b) Identifying trademark

Whenever any person, firm, corporation, or association, being a manufacturer or dealer subject to section 294 of this title—

 

(1) applies or causes to be applied to any article of merchandise intended for sale or customarily sold as a complete product to consumers in any State, by stamping, branding, engraving, or otherwise, any quality mark or stamp indicating or purporting to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal; or

 

(2) imports into any State any such article of merchandise bearing any such quality mark or stamp which indicates or purports to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal,

 

such person, firm, corporation, or association, before depositing any such article manufactured or imported after six months after the effective date of this Act in the United States mails, or causing such article to be so deposited, for transmission thereby, or delivering such article or causing such article to be delivered to any common carrier for transportation from one State to any other State, or transporting such article or causing such article to be transported from one State to any other State, shall—

 

(A) Apply or cause to be applied to that article a trademark of such persons, which has been duly registered or applied for registration under the laws of the United States within thirty days after an article bearing the trademark is placed in commerce or imported into the United States, or the name of such person; and

 

(B) if such article of merchandise is composed of two or more parts which are complete in themselves but which are not identical in quality, and any one of such parts bears such a quality mark or stamp, apply or cause to be applied to each other part of that article of merchandise a quality mark or stamp of like pattern and size disclosing the quality of that other part.

 

Each identifying trademark or name applied to any article of merchandise in compliance with clause (A) of this subsection shall be applied to that article by the same means as that used in applying the quality mark or stamp appearing thereon, in type or lettering at least as large as that used in such quality mark or stamp, and in a position as close as possible to that quality mark or stamp

Esteemed Contributor
Posts: 6,744
Registered: ‎03-10-2010

@Desert Lily - Very interesting article. Thank you for posting.

Honored Contributor
Posts: 13,988
Registered: ‎11-16-2014

@Desert Lily wrote:

 @Shanus  @Trinity11   This excerpt is from the United States National Gold and Silver Stamping Act at the UScode dot House dot Gov site:

 

(In other words if a person stamps metal, that person must include their trademark. Their trademark must be certified and registered.)

It appears to be an extensive law. The law in its entirety can be found online.

 

(b) Identifying trademark

Whenever any person, firm, corporation, or association, being a manufacturer or dealer subject to section 294 of this title—

 

(1) applies or causes to be applied to any article of merchandise intended for sale or customarily sold as a complete product to consumers in any State, by stamping, branding, engraving, or otherwise, any quality mark or stamp indicating or purporting to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal; or

 

(2) imports into any State any such article of merchandise bearing any such quality mark or stamp which indicates or purports to indicate that such article is made in whole or in part of gold or silver or of an alloy of either such metal,

 

such person, firm, corporation, or association, before depositing any such article manufactured or imported after six months after the effective date of this Act in the United States mails, or causing such article to be so deposited, for transmission thereby, or delivering such article or causing such article to be delivered to any common carrier for transportation from one State to any other State, or transporting such article or causing such article to be transported from one State to any other State, shall—

 

(A) Apply or cause to be applied to that article a trademark of such persons, which has been duly registered or applied for registration under the laws of the United States within thirty days after an article bearing the trademark is placed in commerce or imported into the United States, or the name of such person; and

 

(B) if such article of merchandise is composed of two or more parts which are complete in themselves but which are not identical in quality, and any one of such parts bears such a quality mark or stamp, apply or cause to be applied to each other part of that article of merchandise a quality mark or stamp of like pattern and size disclosing the quality of that other part.

 

Each identifying trademark or name applied to any article of merchandise in compliance with clause (A) of this subsection shall be applied to that article by the same means as that used in applying the quality mark or stamp appearing thereon, in type or lettering at least as large as that used in such quality mark or stamp, and in a position as close as possible to that quality mark or stamp


Thank you @Desert Lily . That was exactly what I was familiar with when I was in management for a major jeweler on 5th Ave. Thankfully, there are safety guards for the consumer when purchasing fine jewelry.

Esteemed Contributor
Posts: 5,225
Registered: ‎02-16-2019

This is why I would never buy jewlery from someone making it at home casually.  If someone thinks its no big deal to break the law with the stamps that is scary.

Honored Contributor
Posts: 36,879
Registered: ‎05-17-2010

If referring to me, NO ONE (even during my jewelry studies at Duke University) mentioned more than stamping the piece, signing or initialing the piece.

 

I was not "manufacturing" jewelry to sell to Macy's, NM, or Nordstrom. It was either a one on one designing for a customer who obviously trusted I wasn't going to use a base metal and tell them it was silver or gold plated. 

 

I do agree with regulations if a factory or company is making large quantities of jewelry to sell retail like Eterna Gold, etc. then yes those rules apply. Individual designs with the person sitting across from my studio table over my garage does not apply. I did too many craft shows to count and no fellow jewelers had trademarks other than initially or signing their work along with the metal stamps.

 

I haven't made or sold jewelry in many years and in packing, all the metals and stones as well as tools and torches/tanks have been sold. It's a moot point now.

Honored Contributor
Posts: 13,988
Registered: ‎11-16-2014

@spumoni99 wrote:

This is why I would never buy jewlery from someone making it at home casually.  If someone thinks its no big deal to break the law with the stamps that is scary.


Yes, some make their own rules when it comes to selling jewelry. They have no interest in the legalities and their obligation to their clients of following protocol. Buyer beware @spumoni99 . 😳🥺

Honored Contributor
Posts: 15,010
Registered: ‎11-03-2018

The fantasies are so out of control sometimes.  

Honored Contributor
Posts: 37,423
Registered: ‎03-10-2010

@Trinity11 wrote:

@spumoni99 wrote:

This is why I would never buy jewlery from someone making it at home casually.  If someone thinks its no big deal to break the law with the stamps that is scary.


Yes, some make their own rules when it comes to selling jewelry. They have no interest in the legalities and their obligation to their clients of following protocol. Buyer beware @spumoni99 . 😳🥺


@Trinity11 Same goes with farming.  That's why I don't swear by things I buy at a farm stand.  You have no idea what was put on those plants, they aren't government inspected, etc.  

 

So yes a lot if fresh, but organic?  Maybe, maybe not.  It's just the word of the person selling it.  It can even come to them through a wholesaler--at our farmer's market it is supposed to me marked whether grown by the vendor or not.