§ 297. — Stamping plated articles.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC297]
TITLE 15--COMMERCE AND TRADE
CHAPTER 8--FALSELY STAMPED GOLD OR SILVER OR GOODS MANUFACTURED
THEREFROM
Sec. 297. Stamping plated articles
(a) Words ``sterling'' or ``coin'' forbidden
In the case of articles of merchandise made in whole or in part of
an inferior metal, having deposited or plated thereon or brazed or
otherwise affixed thereto a plating, covering, or sheet composed of gold
or silver, or of an alloy of either of said metals, and known in the
market as rolled gold plate, gold plate, gold filled, silver plate, or
gold or silver electroplate, or by any similar designation, so imported
into or exported from the United States, or so deposited in the United
States mails for transmission, or so delivered to any common carrier, or
so transported or caused to be transported as specified in section 294
of this title, no such article, nor any tag, card, or label attached
thereto, nor any box, package, cover, or wrapper in which such article
is encased or inclosed, shall be stamped, branded, engraved, or
imprinted with any word or mark usually employed to indicate the
fineness of gold, unless such word or mark be accompanied by other
words, plainly indicating that such article or part thereof is made of
rolled gold plate, gold plate, or gold electroplate, or is gold filled,
as the case may be, and no such article, nor any tag, card, or label
attached thereto, nor any box, package, cover, or wrapper in which such
article is incased or inclosed, shall be stamped, branded, engraved, or
imprinted with the word ``sterling'' or the word ``coin'', either alone
or in conjunction with other words or marks.
(b) Identifying trademark
Whenever any person, firm, corporation, or association, being a
manufacturer or dealer subject to section 294 of this title--
(1) applies or causes to be applied to any article of
merchandise intended for sale or customarily sold as a complete
product to consumers in any State, by stamping, branding, engraving,
or otherwise, any quality mark or stamp indicating or purporting to
indicate that such article is made in whole or in part of gold or
silver or of an alloy of either such metal; or
(2) imports into any State any such article of merchandise
bearing any such quality mark or stamp which indicates or purports
to indicate that such article is made in whole or in part of gold or
silver or of an alloy of either such metal,
such person, firm, corporation, or association, before depositing any
such article manufactured or imported after six months after the
effective date of this Act in the United States mails, or causing such
article to be so deposited, for transmission thereby, or delivering such
article or causing such article to be delivered to any common carrier
for transportation from one State to any other State, or transporting
such article or causing such article to be transported from one State to
any other State, shall--
(A) Apply or cause to be applied to that article a trademark of
such persons, 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; and
(B) if such article of merchandise is composed of two or more
parts which are complete in themselves but which are not identical
in quality, and any one of such parts bears such a quality mark or
stamp, apply or cause to be applied to each other part of that
article of merchandise a quality mark or stamp of like pattern and
size disclosing the quality of that other part.
Each identifying trademark or name applied to any article of merchandise
in compliance with clause (A) of this subsection shall be applied to
that article by the same means as that used in applying the quality mark
or stamp appearing thereon, in type or lettering at least as large as
that used in such quality mark or stamp, and in a position as close as
possible to that quality mark or stamp. For the purposes of this
subsection, the term ``State'' includes the Commonwealth of Puerto Rico,
the Virgin Islands, Guam, American Samoa, and the District of Columbia.
(June 13, 1906, ch. 3289, Sec. 4, 34 Stat. 261; Pub. L. 87-354, Sec. 1,
Oct. 4, 1961, 75 Stat. 775; Pub. L. 91-366, Sec. 1(e), July 31, 1970, 84
Stat. 691.)
References in Text
The effective date of this Act, referred to in subsec. (b), as the
first day of the third month beginning after Oct. 4, 1961, see Effective
Date of 1961 Amendment note set out under this section.
Amendments
1970--Subsec. (b). Pub. L. 91-366 struck out reference to the
trademark of a firm, corporation or association in cl. (A).
1961--Pub. L. 87-354 designated existing provisions as subsec. (a)
and added subsec. (b).
Effective Date of 1970 Amendment
Section 4 of Pub. L. 91-366 provided that: ``This Act [amending this
section and sections 298 and 299 of this title and enacting provisions
set out below] shall take effect three months after enactment [July 31,
1970].''
Effective Date of 1961 Amendment
Section 2 of Pub. L. 87-354 provided that: ``The amendments made by
this Act [amending this section] shall take effect on the first day of
the third month beginning after the date of enactment of this Act [Oct.
4, 1961].''
Separability
Section 2 of Pub. L. 91-366 provided that: ``If any provision of
this Act [see Effective Date of 1970 Amendment note above] or any
amendment made thereby, or the application thereof to any person, as
that term is herein defined, is held invalid, the remainder of the Act
or amendment and the application of the remaining provisions of the Act
or amendment to any person shall not be affected thereby.''
Construction of 1970 Amendment
Section 3 of Pub. L. 91-366 provided that: ``The provisions of this
Act [see Effective Date of 1970 Amendment note above] and amendments
made thereby shall be held to be in addition to, and not in substitution
for or limitation of, the provisions of any other Act of the United
States.''
Section Referred to in Other Sections
This section is referred to in sections 298, 299, 300 of this title.
