Applying a quality mark to precious metal jewellery? Don’t forget to include the necessary registered trade-mark

Ottawa, February 18, 2009 — The Competition Bureau is reminding businesses that when quality marks are applied to jewellery and other articles containing precious metals, they must be accompanied by a trade-mark or a recognized foreign government mark.

Articles made in whole or in part of gold, silver, palladium and platinum are commonly marked with symbols or terms which indicate their precious metal content (such as "karat" for gold or "sterling silver"). In Canada, the use of a quality mark is not compulsory, but the Precious Metals Marking Act and Regulations provide a number of permissible quality marks. If businesses choose to apply quality marks, they must do so as prescribed by the Act and the Regulations. Including a trade-mark that has been applied for, or registered, is an example of one such requirement.

The Bureau recently resolved a matter with Calgary-based Shulabh Jewellers over its inventory of precious metal jewellery articles that had a quality mark applied, but did not bear the trade-mark required by the Precious Metals Marking Act and Regulations. While the company's foreign supplier had applied its trade-mark, the Bureau determined that this was insufficient as it was not a recognized foreign government mark or a trade-mark registered or applied for with the Canadian Intellectual Property Office.

Shulabh Jewellers has voluntarily corrected its entire inventory to comply with the Precious Metals Marking Act.

The Precious Metals Marking Act prohibits false or misleading representations related to precious metal articles and provides for the uniform description and quality marking of these articles to help consumers make informed purchasing decisions.

The Bureau appreciates the assistance of its partner, Canada Border Services Agency (CBSA), which alerted it to this matter. By working in partnership with CBSA, the Bureau is able to successfully reduce incidences of mis-labelled consumer products and textiles and mis-marked precious metals.

Businesses who want more information are invited to consult the Bureau's Guide to the Precious Metals Marking Act and Regulations or contact the Bureau's Information Centre at 1-800-348-5358.

The Competition Bureau is an independent agency that contributes to the prosperity of Canadians by protecting and promoting competitive markets and enabling informed consumer choice.

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