301

Part

304

307

308

310

AUTHORITY: §§ 301.1 to 301.8 issued under sec. 3, 49 Stat. 892; 25 U. S. C. 305b. Interpret or apply sec. 2, 49 Stat. 891; 25 U. S. C. 305a.

SOURCE: §§ 301.1 to 301.8 contained in standards for Navajo, Pueblo, and Hopi silver and turquoise products, Mar. 9, 1937.

§ 301.1 Eligibility for use of Government stamp. Subject to the detailed requirements that follow, the Government stamp shall be affixed only to work individually produced and to work entirely hand-made. No object produced under conditions resembling a bench-work system, and no object in whose manufacture any power-driven machinery has been

819591-49- -25

used, shall be eligible for the use of the Government stamp.

§ 301.2

Specifications of material. Silver slugs of 1 ounce weight or other silver objects may be used, provided their fineness is at least 900, and provided further that no silver sheet shall be used. Unless cast, the slug or other object is to be hand hammered to thickness and shape desired. The only exceptions here are pins on brooches or similar objects; ear screws for ear rings; backs for tie clasps and chain, which may be of silver of different fineness and mechanically made.

§ 301.3 Specifications of dies. Dies used are to be entirely hand-made, with no tool more mechanical than hand tools and vice. Dies shall contain only a single element of the design.

§ 301.4 Application of dies. Dies are to be applied to the object with the aid of nothing except hand tools.

§ 301.5 Applique elements in design. All such parts of the ornament are to be hand-made. If wire is used, it is to be hand-made with no tool other than a

hand-made draw plate. These requirements apply to the boxes for stone used in the design.

§ 301.6 Stone for ornamentation. In addition to turquoise, the use of other local stone is permitted. Turquoise, if used, must be genuine stone, uncolored by any artificial means.

§ 301.7 Stonecutting. All stone used, including turquoise, is to be hand-cut and polished. This permits the use of handor foot-driven wheels.

§ 301.8 Finish. All silver is to be hand polished.

304.5 Dies to identify tribe. 304.6 Responsibility of dealer. 304.7 Eligibility of silver meeting standards. 304.8 Use of label by dealer.

304.9. Placards; display of regulations.

AUTHORITY: §§ 304.1 to 304.9 issued under sec. 3, 49 Stat. 892; 25 U. S. C. 305b. Interpret or apply sec. 2, 49 Stat. 891; 25 U. S. C. 305a.

SOURCE: §§ 304.1 to 304.9 contained in regulations governing use of Government mark on Navajo, Pueblo, and Hopi silver, April 2, 1937, except as noted following section affected.

§ 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., Sup., 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.

Any

§ 304.8 Use of label by dealer. 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]

307.11

307.12

307.13

Hand seal press and certificates to be furnished.

Suspension of license.

Revocation of license.

Certificates fastened to fabrics. Certificates, dating and signing thereof.

Licensee's responsibility.

AUTHORITY: §§ 307.1 to 307.13 issued under sec. 3, 49 Stat. 892; 25 U. S. C. 305b. Interpret or apply sec. 2, 49 Stat. 891; 25 U. S. C. 305a.

SOURCE: §§ 307.1 to 307.13 contained in regulations governing the use of Government certificate of genuineness for Navajo all-wool woven fabrics, Oct. 20, 1937, except as noted following sections affected.

§ 307.1 Penalties. 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), which provides:

Any person who shall counterfeit or colorably imitate any Government trademark used or devised by the Board as provided in section 305a of this chapter, or shall, except as authorized by the Board, affix any such Government trade-mark, or shall knowingly, willfully, and corruptly affix any reproduction, counterfeit, copy, or colorable imitation thereof upon any products, Indian or otherwise, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products, or any person who shall knowingly make any false statement for the purpose of obtaining the use of any such Government trade-mark, shall be guilty of a misdemeanor, and upon conviction thereof shall be enjoined from further carrying on the act or acts complained of and shall be subject to a fine not exceeding $2,000, or imprisonment not exceeding six months, or both such fine and imprisonment.

cates of genuineness for Navajo all-wool woven fabrics may be affixed to fabrics meeting the conditions specified in § 307.4 by persons duly authorized to affix such certificates, under license issued by the Indian Arts and Crafts Board.

§ 307.3 Granting of licenses, contract and bond requirements. A license may be granted to any person desiring to use the Government certificate of genuineness for Navajo all-wool woven fabrics who shall make application therefor and shall execute a contract acceptable to the Indian Arts and Crafts Board providing for the use of such certificates in conformity with the regulations in this part, which contract shall be accompanied by an indemnity bond acceptable to the Indian Arts and Crafts Board, in the amount of $500, conditioned upon faithful performance of such contract.

§ 307.4 Standards for fabrics. No fabric may carry the Government certificate of genuineness for Navajo allwool woven fabric unless all of the following conditions are met:

(a) The fabric is made entirely of local wool that is locally hand-spun and is entirely woven on a native Navajo loom;

(b) The fabric is made by a member of the Navajo Tribe working under conditions not resembling a workshop or factory system;

(c) The size of the fabric is indicated in the certificate;

(d) The licensee signs the certificate. [Regs., Oct. 20, 1937, as amended at 4 F. R. 2436]

§ 307.5 Hand seal press and certificates to be furnished. Each licensee will be furnished, upon payment of the registration and license fees specified in § 307.6, one hand seal press and a supply of blank Government certificates, which shall be used only in accordance with this license, and shall remain at all times the property of the Board.

§ 307.6 Fees. Each licensee shall pay a registration fee of $2, together with a license fee which shall be determined on the basis of $1 for each 40 Government certificates ordered by the licensee from the Board.

§ 307.7 Suspension of license. In the event that complaint is made to the Board that any provision of any license or of the regulations in this part has

been violated by any licensee, the Board may suspend the license and all authority conferred thereby, in its discretion, for a period of 30 days, by notifying the licensee of such suspension, by mail, by telegraph, or in any other manner.

§ 307.8 Revocation of license. In the event that the Board, after giving a licensee written notice of charges and affording an opportunity to reply to such charges, orally or in writing, is satisfied that any provision of any license or of the regulations in this part has been violated by any licensee, the Board may revoke the license by notifying the licensee of such revocation, by mail, by telegraph, or in any other manner. Upon notice of such revocation all authority conferred by the license so revoked shall forthwith terminate, but the validity of actions taken while the license was in force shall not be affected.

§ 307.9 Surrender of license. Any license may be surrendered by the licensee at any time by surrendering to the Board the Government hand seal press and unused certificates of genuineness entrusted to the licensee, accompanied by a copy of the license marked "surrendered" and signed by the licensee. Such surrender shall take effect as of the time that such property and document have been received by the Board.

§ 307.10 Period of license. Each license shall be in effect from the date of execution thereof and until 1 year thereafter, unless sooner surrendered or canceled in accordance with the foregoing provisions.

§ 307.11 Certificates fastened to fabrics. Certificates shall be fastened to the woven fabric by wire caught in a lead seal disc that shall be impressed and made fast with the hand seal press furnished by the Indian Arts and Crafts Board.

§ 307.12 Certificates, dating and signing thereof. When the certificate is first affixed the lower of the two spaces provided for the purpose shall be signed by the licensee. In the event the ultimate retailer of any fabric so marked is not the person who originally attached the certificate, that ultimate retailer may sign the upper of the two spaces provided for the purpose and detach the original signature.

[4 F. R. 2436]

§ 307.13 Licensee's responsibility. Certificates may be attached only to products which are in the ownership or possession of the licensee. Certificates will be consecutively numbered and records of the allocation of such certificates will be maintained by the Indian Arts and Crafts Board. Each licensee will be held responsible for the proper use of such certificates and of the Government hand seal press furnished to such licensee.

Part 308-Regulations for Use of Certificates of the Indian Arts and Crafts Board To Be Attached to Their Trade-marks by Indian Enterprises Concerned With the Production and Sale of Genuine Handicrafts

Sec.

308.1

308.2

308.3

Penalties.

Certificates of genuineness to be attached to trade-marks.

Conditions of eligibility to attach certificates.

308.4 Revocation of privilege of attaching certificates.

AUTHORITY: §§ 308.1 to 308.4 issued under sec. 3, 49 Stat. 892; 25 U. S. C. 305b. Interpret or apply sec. 2, 49 Stat. 891; 25 U. S. C. 305a.

SOURCE: §§ 308.1 to 308.4 appear at 8 F. R. 8736.

§ 308.1 Penalties. 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), which provides:

Any person who shall counterfeit or colorably imitate any Government trade-mark used or devised by the Board as provided in section 305a of this chapter, or shall, except as authorized by the Board, affix any such Government trade-mark, or shall knowingly, willfully, and corruptly affix any reproduction, counterfeit, copy, or colorable imitation thereof upon any products Indian or otherwise, or to any labels, signs, prints, packages, wrappers, or receptacles intended to be used upon or in connection with the sale of such products, or any person who shall knowingly make any false statement for the purpose of obtaining the use of any such Government trade-mark, shall be guilty of a misdemeanor, and upon conviction thereof shall be enjoined from further carrying on the act or acts complained of and shall be