Competition Bureau Canada
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Precious Metals Marking: Glossary

Application Of Marks

The word, "apply", in relation to a mark, includes any application or attachment thereof to, or any use thereof on, in connection with or in relation to:

  • a precious metal article;
  • anything attached to a precious metal article;
  • anything to which a precious metal article is attached;
  • anything in or on which a precious metal article is, or
  • anything so used or placed as to lead to a reasonable belief that the mark thereon is meant to be taken as a mark on a precious metal article article.

The word, "mark", is defined as any mark, sign, device, imprint, stamp, brand, label, ticket, letter, word or figure.


Dealer Responsibility

A "dealer" means a person who is a manufacturer or an importer of any article to which this Act applies and any person who traffics by wholesale or retail any such article and includes any director, manager, officer or agent of that person.

As a dealer, your responsibility is to ensure that:

  • any representation as to the quality of the article is factual;
  • when an article is quality marked, a registered Canadian trade mark is also applied, that trade mark must be registered or have been applied for registration, The dealer should be able to prove that fact if and when requested by an inspector;
  • any quality mark applied to an article is as provided for in legislation; and
  • where applicable, all mandatory marks are applied.

Prohibitions

No guarantee with respect to the durability or wearability of the precious metal plating of an article can be made.

Dealers are prohibited from selling, importing into Canada or advertising any precious metal article in a manner which is false or misleading as to the precious metal content.