Sidebilder
PDF
ePub

ments apply to the boxes for stone used ment mark. All such marking of silver in the design.

shall, for the present, be done by an

agent of the Indian Arts and Crafts $ 301.6 Stone for ornamentation.

Board. In addition to turquoise, the use of other local stone is permitted. Tur

$ 304.4 Standards and additional requoise, if used, must be genuine stone,

quirements. uncolored by any artificial means.

No piece of silver, though made in 8 301.7 Stonecutting.

compliance with the standards set forth

by the Indian Arts and Crafts Board, All stone used, including turquoise, is shall bear the Government mark unless: to be hand-cut and polished. This per- (a) Its weight is substantially in acmits the use of hand- or foot-driven cord with Indian usage and custom. wheels.

(b) Its design elements are substan8.301.8 Finish.

tially in accord with Indian usage and

tradition. All silver is to be hand polished.

(c) Its workmanship is substantially

that expected in good hand craftsmanPART 304_NAVAJO, PUEBLO, AND ship. HOPI SILVER, USE OF GOVERN

§ 304.5 Dies to identify tribe. MENT MARK

Dies are marked with name of tribe. Sec.

A Navajo stamp will be used where the 804.1 Penalties for imitation or unauthor- marker is a Navajo Indian; similarly, for ized use.

Zuni, Hopi, and Rio Grande Pueblo. 804.2 Marking and ownership of dies. 804.3 Classifying and marking of silver. $ 304.6 Responsibility of dealer. 804.4 Standards and additional require

All dies will be numbered, and each ments. 804.5 Dies to identify tribe.

wholesaler or dealer will be held respon804.6 Responsibility of dealer.

sible for any violation of standards in 804.7 Eligibility of silver meeting standards. silver that bears his mark. Until such 804.8 Use of label by dealer.

time as the Board relinquishes its sole 804.9 Placards; display of regulations.

right to mark silver, the responsibility of AUTHORITY: The provisions of this Part 304

the dealer for whom silver is marked issued under sec. 3, 49 Stat. 892; 25 U.S.C. will be confined to misrepresentations as 805b. Interpret or apply sec. 2, 49 Stat. 891, to quality of silver and of stones used as amended; 25 U.S.C. 305a.

for ornament and to methods of produce SOURCE: The provisions of this Part 304

tion. contained in regulations governing use of Government mark on Navajo, Pueblo, and

$ 304.7 Eligibility of silver meeting Hopi silver, April 2, 1937, unless otherwise

standards. noted.

In addition to silver currently made 8 304.1 Penalties for imitation or un

in compliance with the standards of the authorized use.

Indian Arts and Crafts Board, other sil

ver products made prior to the promulgaThe use of Government trade-marks in tion of the regulations in this part may an unauthorized manner, or the colorable be stamped, provided the maker thereof imitation of such marks, is subject to the is known to be an Indian, and the prodcriminal penalties imposed by section 5 uct satisfies the requirements in § 304.4. of the said act (49 Stat. 892; 25 U.S.C. 305d).

§ 304.8 Use of label by dealer.

Any dealer offering for sale silver bear$ 304.2 Marking and ownership of dies.

ing the Government mark may, if he All dies used to mark silver will be wishes, attach to silver so marked a label provided by and owned by the Indian or ticket calling attention to the GovArts and Crafts Board.

ernment mark. & 304.3 Classifying and marking of § 304.9 Placards; display of regulations. silver.

Every dealer offering for sale silFor the present the Indian Arts ver bearing the Government mark may and Crafts Board reserves to itself the display in a prominent place a placard sole right to judge what silver complying setting forth the standards and the reguwith its standards shall bear the Govern- lations in this part, such placard to be furnished by the Indian Arts and Crafts ceeding six months, or both such fine and Board.

imprisonment. [Regs., Apr. 2, 1937, as amended Feb. 21, $ 307.2 Certificates of genuineness; by 1938)

whom affixed.

Government certificates of genuinePART 307-NAVAJO ALL-WOOL

ness for Navajo all-wool woven fabrics WOVEN FABRICS; USE OF GOV- may be affixed to fabrics meeting the ERNMENT CERTIFICATE OF GENU- conditions specified in § 307.4 by persons INENESS

duly authorized to affix such certificates,

under license issued by the Indian Arts Bec.

and Crafts Board. 807.1 Penalties. 307.2 Certificates of genuineness; by whom $ 307.3 Granting of licenses, contract affixed.

and bond requirements. 907.3 Granting of licenses, contract and bond requirements.

A license may be granted to any per807.4 Standards for fabrics.

son desiring to use the Government cer307.5 Hand seal press and certificates to be tificate of genuineness for Navajo furnished.

all-wool woven fabrics who shall make 307.6 Fees.

application therefor and shall execute a 307.7 Suspension of license.

contract acceptable to the Indian Arts 807.8 Revocation of license.

and Crafts Board providing for the use 307.9 Surrender of license. 307.10 Period of license.

of such certificates in conformity with 307.11 Certificates fastened to fabrics.

the regulations in this part, which con307.12 Certificates, dating and signing tract shall be accompanied by an inthereof.

demnity bond acceptable to the Indian 307.13 Licensee's responsibility.

Arts and Crafts Board, in the amount of AUTHORITY: The provisions of this Part 307

$500, conditioned upon faithful performissued under sec. 3, 49 Stat. 892; 25 U.S.C. ance of such contract. 305b. Interpret or apply sec. 2, 49 Stat. 891,

8 307.4 Standards for fabrics. as amended; 25 U.S.C. 305a. SOURCE: The provisions of this part 307

No fabric may carry the Government contained in regulations governing the use of

certificate of genuineness for Navajo allGovernment certificate of genuineness for

wool woven fabric unless all of the Navajo all-wool woven fabrics, Oct. 20, 1937, following conditions are met: unless otherwise noted.

(a) The fabric is made entirely of lo$ 307.1 Penalties.

cal wool that is locally hand-spun and is

entirely woven on a native Navajo loom; The use of Government trade-marks

(b) The fabric is made by a member in an unauthorized manner, or the color

of the Navajo Tribe working under conable imitation of such marks, is subject ditions not resembling a workshop or to the criminal penalties imposed by sec- factory system; tion 5 of the said act (49 Stat. 892; 25 (c) The size of the fabric is indicated U.S.C. 305d), which provides:

in the certificate; Any person who shall counterfeit

or

(d) The licensee signs the certificate. colorably imitate any Government trade- (Regs., Oct. 20, 1937, as amended at 4 F. B. mark used or devised by the Board as pro- 2436, June 17, 1989) vided in section 3052 of this chapter, or shall, except as authorized by the Board,

$ 307.5 Hand seal press and certificates afix any such Government trade-mark, or

to be furnished. shall knowingly, willfully, and corruptly affix Each licensee will be furnished, upon any reproduction, counterfeit, copy, colorable imitation thereof upon any prod.

payment of the registration and license ucts, Indian or otherwise, or to any labels,

fees specified in § 307.6 one hand seal signs, prints, packages, wrappers, or recep

press and a supply of blank Government tacles intended to be used upon or in con- certificates, which shall be used only in nection with the sale of such products, or accordance with this license, and shall any person wbo shali knowingly make any remain at all times the property of the false statement for the purpose of obtaining

Board. the use of any such Government trade-mark sball be guilty of a misdemeanor, and upon § 307.6 Fees. conviction thereof shall be enjoined from further carrying on the act or acts com

Each licensee shall pay a registraplained of and shall be subject to a fine not tion fee of $2, together with a 1exceeding $2,000, or imprisonment not ex- cense fee which shall be determined

or

on the basis of $1 for each 40 Govern- the licensee. In the event the ultimate ment certificates ordered by the licensee retailer of any fabric so marked is not from the Board.

the person who originally attached the 8 307.7 Suspension of license.

certificate, that ultimate retailer may

sign the upper of the two spaces provided In the event that complaint is made to

for the purpose and detach the original the Board that any provision of any li

signature. cense or of the regulations in this part

(4 F. R. 2436, June 17, 1989) has been violated by any licensee, the Board may suspend the license and all § 307.13 Licensee's responsibility. authority conferred thereby, in its discre- Certificates may be attached only to tion, for a period of 30 days, by notifying products which are in the ownership or the licensee of such suspension, by mail, possession of the licensee. Certificates by telegraph, or in any other manner. will be consecutively numbered and rec§ 307.8 Revocation of license.

ords of the allocation of such certificates

will be maintained by the Indian Arts In the event that the Board, after giv

and Crafts Board. Each licensee will be ing a licensee written notice of charges

held responsible for the proper use of and affording an opportunity to reply to

such certificates and of the Government such charges, orally or in writing, is satis

hand seal press furnished to such fied that any provision of any license or of

licensee. the regulations in this part has been violated by any licensee, the Board may revoke the license by notifying the licensee

PART 308-REGULATIONS FOR USE of such revocation, by mail, by telegraph, OF CERTIFICATES OF THE INDIAN or in any other manner. Upon notice of ARTS AND CRAFTS BOARD TO BE such revocation all authority conferred ATTACHED TO THEIR TRADEby the license so revoked shall forthwith

MARKS BY INDIAN ENTERPRISES terminate, but the validity of actions taken while the license was in force shall

CONCERNED WITH THE PRODUCnot be affected.

TION AND SALE OF GENUINE $ 307.9 Surrender of license.

HANDICRAFTS Any license may be surrendered by the

Sec.

308.1 Penalties. licensee at any time by surrendering to

308.2 Certificates of genuineness to be atthe Board the Government hand seal

tached to trade-marks. press and unused certificates of genuine

308.3 Conditions of eligibility to attach ness entrusted to the licensee, accom

certificates. panied by a copy of the license marked 308.4 Revocation of privilege of attaching "surrendered" and signed by the licensee.

certificates. Such surrender shall take effect as of the

AUTHORITY: The provisions of this Part 308 time that such property and document issued under sec. 3, 49 Stat. 892; 25 U.S.C. have been received by the Board.

305b. Interpret or apply sec. 2, 49 Stat. 891, 8 307.10 Period of license.

as amended; 25 U.S.C. 305a. Each license shall be in effect from the

SOURCE: The provisions of this Part 308

appear at 8 F.R. 8736, June 26, 1943, unless date of execution thereof and until 1

otherwise noted. year thereafter, unless sooner surrendered or canceled in accordance with the $ 308.1

Penalties. foregoing provisions.

The use of Government trade-marks & 307.11 Certificates fastened to fabrics.

in an unauthorized manner, or the color

able imitation of such marks, is subject Certificates shall be fastened to to the criminal penalties imposed by secthe woven fabric by wire caught in a

tion 5 of the said act (49 Stat. 892; 25 lead seal disc that shall be impressed

U.S.C. 305d), which provides: and made fast with the band seal press furnished by the Indian Arts and Crafts

Any person who shall counterfeit or color

ably imitate any Government trade-mark Board.

used or devised by the Board as provided in 8 307.12 Certificates, dating and signing

section 305a of this chapter, or shall, except thereof.

as authorized by the Board, affix any such

Government trade-mark, or shall knowingly, When the certificate is first affixed willfully, and corruptly affix any reproducthe lower of the two spaces pro- tion, counterfeit, copy, or colorable imitation vided for the purpose shall be signed by thereof upon any products Indian or other. wise, or to any labels, signs, prints, pack- Board as to the manner of production ages, wrappers, or receptacles intended to be of the certificates. used upon or in connection with the sale of such products, or any person who shall

§ 308.4 Revocation of privilege of atknowingly make any false statement for the taching certificates. purpose of obtaining the use of any such

If an enterprise, after securing the Government trade-mark, shall be guilty of a

privilege of attaching the certificates, misdemeanor, and upon conviction thereof

should fail to meet the above-named conshall be enjoined from further carrying on the act or acts complained of and shall be

ditions, the Board reserves the right to subject to a fine not exceeding $2,000, or im

revoke the privilege. prisonment not exceeding six months, or both such fine and imprisonment.

PART 310-USE OF GOVERNMENT $ 308.2 Certificates of genuineness to be MARKS OF GENUINENESS FOR attached to trade-marks.

ALASKAN INDIAN AND ALASKAN (a) To insure the widest distribution of ESKIMO HAND-MADE PRODUCTS genuine Indian handicraft products, and

Sec. to protect the various enterprises or

310.1 Penalties. ganized by individual Indian craftsmen,

ALASKAN INDIAN or by groups of Indian craftsmen, for the purpose of the production and sale of

310.2 Certificates of genuineness, authority

to afix. such handicraft products, the Indian

810.3 Conditions. Arts and Crafts Board offers each such

310.4 Application of mark. enterprise the privilege of attaching to

ALASKAN ESKIMO its trademark a certificate declaring that it is recognized by the Indian Arts and 310.5 Certificates of genuineness, authority Crafts Board as an Indian enterprise

to affix.

310.6 Conditions. dealing in genuine Indian-made handi

310.7 Application of mark. craft products, and that its trade-mark has the approval of the Board.

AUTHORITY: The provisions of this part 310

issued under sec. 3, 49 Stat. 892; 25 U.S.C. (h) The certificate shall consist of a

305b. Interpret or apply sec. 2, 49 Stat. 891, border around the trade-mark bearing

as amended; 25 U.S.C. 305a. the words “Certified Indian Enterprise, Genuine Handicrafts, U. S. Indian Arts

SOURCE: The provisions of this Part 310 and Crafts Board, Department of the

appear at 4 F.R. 515, Feb. 4, 1939, unless

otherwise noted. Interior," and these words may be used wherever the trade-mark appears.

$ 310.1 Penalties. $ 308.3 Conditions of eligibility to at

The use of Government trade-marks tach certificates.

in an unauthorized manner, or the color

able imitation of such marks, is subject To be eligible to attach the certificate,

to the criminal penalties imposed by secan enterprise must meet the following

tion 5 of the said act (49 Stat. 892; 25 conditions:

U.S.C., 305d), which provides: (a) It must offer for sale only Indian. made genuine handicraft products, i. e.,

Any person who shall counterfeit or color

ably imitate any Government trade-mark objects produced by Indian craftsmen

used or devised by the Board as provided in with the help of only such devices as

section 305a of this chapter, or shall, except allow the manual skill of the maker to as authorized by the Board, affix any such condition the shape and design of each Government trade-mark, or shall knowingly, individual product.

willfully, and corruptly affix any reproduc(b) It must be entirely Indian owned

tion, counterfeit, copy, or colorable imita

tion thereof upon any products. Indian or and organized either by individual In

otherwise, or to any labels, signs, prints, dians or by groups of Indians.

packages, wrappers, or receptacles intended (c) It must agree to apply certificates to be used upon or in connection with the of genuineness only to such products as

sale of such products, or any person who meet the standards of quality prescribed

shall knowingly make any false statement

for the purpose of obtaining the use of any by the Indian Arts and Crafts Board at such Government trade-mark, shall be guilty the time of the application of the enter- of a misdemeanor, and upon conviction prise for the privilege of attaching the

thereof shall be enjoined from further carrycertificate.

ing on the act or acts complained of and

shall be subject to a ine not exceeding $2,000 (d) It must agree to obtain the ap

or imprisonment not exceeding six months proval of the Indian Arts and Crafts

or both such fine and imprisonment.

ALASKAN INDIAN

may be affixed to articles meeting the $310.2 Certificates of genuineness, au

conditions specified in § 310.6 by persons thority to affix.

duly authorized by the Indian Arts and

Crafts Board to affix such marks. Government marks of genuineness for Alaskan Indian hand-made products § 310.6 Conditions. may be afixed to articles meeting the conditions specified in § 310.3 by persons No article may carry the Government duly authorized by the Indian Arts and mark of genuineness for Alaskan Eskimo Crafts Board to affix such marks.

hand-made products unless all of the

following conditions are met: 8 310.3 Conditions.

(a) The article is hand-made by an No article may carry the Government Alaskan Eskimo. mark of genuineness for Alaskan In

(b) The article is hand-made under dian hand-made products unless all of conditions not resembling a workshop or the following conditions are met:

factory system. (a) The article is hand-made by an

(c) All raw materials used in the makAlaskan Indian.

ing of the articles are of native origin (b) The article is hand-made under

except: conditions not resembling a workshop or

(1) Commercial fasteners. factory system.

(2) Calfskin trimmings for decorative (c) All raw materials used in carving, borders on parkas and mukluks. basketry and mat making, and all furs (3) Tops for mukluks made of comand hides used in the manufacture of mercial fabric. hand-made artifacts, must be of native (4) Commercially made draw - cords origin.

for mukluks. § 310.4 Application of mark.

(5) Commercial fabrics for parka

linings. All marks shall be applied to the article

(6) Sewing thread and glass beads. with a rubber stamp to be furnished by the Indian Arts and Crafts Board. Each

§ 310.7 Application of mark. stamp shall bear a distinctive letter and may be used only by the person to whom All marks shall be applied to the article It has been issued. With the addition of with a rubber stamp to be furnished by the distinctive letter, each stamp shall

the Indian Arts and Crafts Board. Each read:

stamp shall bear a distinctive letter and ( )

may be used only by the person to whom HAND-MADE

it has been issued. With the addition of ALASKAN INDIAN

the distinctive letter, each stamp shall U 8

read: INDIAN ARTS & CRAFTS BOARD

( ) I D

HAND-MADE or, in the case of articles too small to

ALASKAN ESKIMO carry this stamp:

U 8

INDIAN ARTS & CRAFTS BOARD
US ID

I D
ALASKAN INDIAN

or, in the case of articles too small to On baskets and fabrics which offer no

carry this stamp: surface for the application of such a ruba ber stamp, the stamp shall be placed on a paper tag attached to the article by a

USID wire caught in a lead seal disc that shall

ALASKAN ESKIMO be impressed and made fast with a hand

On baskets and fabrics which offer no seal press furnished by the Indian Arts

surface for the application of such & and Crafts Board.

rubber stamp, the stamp shall be placed ALASKAN ESKIMO

on a paper tag attached to the article by $310.5 Certificates of genuineness, au- a wire caught in a lead seal disc that thority to affix.

shall be impressed and made fast with a Government marks of genuineness for hand seal press furnished by the Indian Alaskan Eskimo hand-made products Arts and Crafts Board.

« ForrigeFortsett »