Quality Metal Marks, Trademarks and Patents

Both the FTC Guides and the National Gold and Silver Stamping Act regulate the manufacture, sale and advertising of precious metal jewelry and objects.  However, they differ in one very important way:  penalties.  The Guides provide for civil enforcement by the government.  The penalties available under the Stamping Act are much more extensive.  They include forfeiture, fines and prison.

If a manufacturer stamps the fineness on a piece of gold or silver jewelry, a trademark must be stamped in close proximity to the quality mark.  This makes it easy for the consumer to quickly trace any manufacturer who is providing substandard or fraudulent products.

GOLD
The most common marks for gold jewelry are “18K” or “750” (signifying 75% gold), “14K” or “583” (58% gold) and “10K” or “416” (42% gold).  In order to use the word “Gold” to describe a product, the product must contain a minimum of 10K fineness pure gold throughout. However, use of the word “Gold” without qualification must properly describe a product of “24K” or “99.9%” pure gold throughout.  If a product is stamped “14K” or “583”, it must contain a minimum of 580 parts per thousand pure gold (see chart).  If a product contains solder, a higher tolerance of .7% is permitted (see chart).
SILVER
If an article is stamped “Sterling” or “Sterling Silver”, it should contain at least 925/1000ths pure silver or .925 pure silver.  If solder is used, it shall not vary by more than 4/1000ths from the fineness indicated by the quality mark (see chart).
PLATINUM
In 1997, the FTC revised the guidelines for platinum to simplify and better reflect international standards.  The most common marks for platinum jewelry are “Pt.,” “Plat.,” “950Plat.,” (all signifying 95% pure platinum) and “900 Pt.,” or “900 Plat.,” (signifying 90% pure platinum).  In order for a piece to be stamped “Platinum” without the use of any qualifying statement it must contain 950 parts per thousand or more of pure platinum.  There are no additional tolerances for soldered platinum products.  500 parts per thousand pure platinum is the minimum amount allowed under U.S. law for a product to be designated as “Platinum” in any context.
What is a Trademark?
A trademark is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, which identifies and distinguishes the source of the goods or services of one party from those of others.  Anyone who claims rights with a mark may use the symbol ™ to alert the public to the claim.  It is not necessary to have a registration, or even a pending application, to use this designation.  Use of the symbol ™ does not necessarily mean that any claimed trademark rights are valid. The registration symbol ®, however, may only be used when the mark is registered with the Patent and Trademark Office.  It is improper to use this symbol at any point before a registration has issued.
What is a Patent?
A patent for an invention is the grant of a property right to the inventor, issued by the Patent and Trademark Office.  The term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees.  US patent grants are effective only within the United States, United States territories, and United States possessions.  The right conferred by the patent grant is, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States.  What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention.
A manufacturer or seller of an article can inform the public that an application for a patent on the article is on file with the Patent and Trademark Office by using the term “patent pending.”  Once a patent has been approved, the manufacturer or seller can list the patent number in its publications.  However, the law imposes a fine on those who make false claims to deceive the public.
If you need further information concerning the National Gold and Silver Stamping Act or Trademarks and Patents, please contact one of the following:
Hoover & Strong would like to offer its thanks to the Jewelers Vigilance Committee for its guidance in preparing this article.

by Ceilia Baurer, JVC
Jewelers Vigilance Committee