25 CFR Part 304 — Navajo, Pueblo, and Hopi Silver, Use of Government Mark

PART 304—NAVAJO, PUEBLO, AND HOPI SILVER, USE OF GOVERNMENT MARK Authority: Sec. 3, 49 Stat. 892; 25 U.S.C. 305b. Interpret or apply sec. 2, 49 Stat. 891, as amended; 25 U.S.C. 305a. Source: The provisions of this part 304 contained in regulations governing use of Government mark on Navajo, Pueblo, and Hopi silver, April 2, 1937, unless otherwise noted. § 304.1 Penalties for imitation or unauthorized use. The use of Government trade-marks in an unauthorized manner, or the colorable imitation of such marks, is subject to the criminal penalties imposed by section 5 of the said act (49 Stat. 892; 25 U.S.C. 305d). § 304.2 Marking and ownership of dies. All dies used to mark silver will be provided by and owned by the Indian Arts and Crafts Board. § 304.3 Classifying and marking of silver. For the present the Indian Arts and Crafts Board reserves to itself the sole right to judge what silver complying with its standards shall bear the Government mark. All such marking of silver shall, for the present, be done by an agent of the Indian Arts and Crafts Board. § 304.4 Standards and additional requirements. No piece of silver, though made in compliance with the standards set forth by the Indian Arts and Crafts Board, shall bear the Government mark unless: (a) Its weight is substantially in accord with Indian usage and custom. (b) Its design elements are substantially in accord with Indian usage and tradition. (c) Its workmanship is substantially that expected in good hand craftsmanship. § 304.5 Dies to identify tribe. Dies are marked with name of tribe. A Navajo stamp will be used where the marker is a Navajo Indian; similarly, for Zuni, Hopi, and Rio Grande Pueblo. § 304.6 Responsibility of dealer. All dies will be numbered, and each wholesaler or dealer will be held responsible for any violation of standards in silver that bears his mark. Until such time as the Board relinquishes its sole right to mark silver, the responsibility of the dealer for whom silver is marked will be confined to misrepresentations as to quality of silver and of stones used for ornament and to methods of production. § 304.7 Eligibility of silver meeting standards. In addition to silver currently made in compliance with the standards of the Indian Arts and Crafts Board, other silver products made prior to the promulgation of the regulations in this part may be stamped, provided the maker thereof is known to be an Indian, and the product satisfies the requirements in § 304.4. § 304.8 Use of label by dealer. Any dealer offering for sale silver bearing the Government mark may, if he wishes, attach to silver so marked a label or ticket calling attention to the Government mark. § 304.9 Placards; display of regulations. Every dealer offering for sale silver bearing the Government mark may display in a prominent place a placard setting forth the standards and the regulations in this part, such placard to be furnished by the Indian Arts and Crafts Board. [Regs., Apr. 2, 1937, as amended Feb. 21, 1938]

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