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The mark

A quality mark is never anonymous

By Dwight Davis, Founder

On this page11
The trademark travels with the claim. That is the whole design of the Act.

The requirement

A person applying a quality mark indicating gold or silver content must also apply a trademark "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".

Two acceptable options

A registered trademark, or applied-for within thirty days, or the name of the person. For a sole maker the name is the straightforward answer.

Why the Act works this way

A fineness claim is only checkable if somebody is accountable for it. An anonymous 14K stamp is an assertion nobody can be held to, and the trademark is what makes it attributable.

Which is the same logic as a tracking label

The resin jewelry property covers the children's product marking requirement, where a permanent mark exists so a cohort can be identified. Different statute, same instinct: a claim needs an author.

The thirty days run from commerce, not from filing

An article bearing the trademark placed in commerce starts the clock. That makes the registration part of launching a line rather than something to catch up on.

Multi-part articles

Parts marked with quality indications matching in pattern and size, in lettering at least as large as the quality mark itself. A chain and its clasp have to agree.

Which is a real bench problem

Findings are bought in rather than made, and a 14K chain finished with a gold-filled clasp is two different claims on one object.

Lettering at least as large

Which prevents the obvious evasion of a prominent quality mark and a microscopic qualifier. The same instinct appears in the hair care property, where a warning may not be set smaller than what it warns about.

The stamp is physically difficult on small work

Which is a real constraint and not an excuse. A piece too small to carry both marks is a piece that should carry neither.

And that is a legitimate choice

No quality mark, no trademark requirement. Sold described accurately, it is lawful, and for a lot of handmade work it is the sensible route.

References

15 U.S.C. 297(b). A person applying a quality mark indicating gold or silver content must also apply a trademark "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". Parts of a multi-part article must be marked with quality indications matching in pattern and size, in lettering at least as large as the quality mark. The provisions reach articles deposited in the United States mails or transported between states. law.cornell.edu
Written from 15 U.S.C. 295 and 297, and from the catalog as it stood on 19 October 2026. Silver tolerances at 15 U.S.C. 296 were not read for this property and are not summarized. The FTC Jewelry Guides at 16 CFR part 23 govern how jewelry is described and are a separate body of rules. Pickle and patina chemistry is a safety data sheet question and no handling advice is given here.