Hallmarks, Trademarks, and what they are

[knotty panda]

I'm not so sure it's the real thing. The seller, quick make note of their name because I won't repeat it here, sells fake Tiffany's and even if you look really close, I suspect the photo is not of the actual piece you will receive. I do believe that photo is legit, but knowing some of their other pieces, I wouldn't trust them as a reputable seller. Going back in for another dive...
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This is a really good example of a legit Tiffany hallmark. Note that the name while being in all caps, the "iffany" is in a smaller point size than the T. The same with Co. Always a smaller "o" than the "C". That's where most fakes mess up. They make the font the same size in all caps. If the hallmark is in all caps, it's a fake.

And if you get confused, look at the packaging. The exact same type is used nice and big so you can see it well.

 

[pearlescence]

Sorry to be tedious and pedantic but it isn't a hallmark it is a trademark. different thing altogether.

 

[knotty panda]

Actually, if I'm not mistaken, a hallmark is what is placed on a piece which indicates the metal grade. Hallmarks are stamped or engraved, generally. However, trademarks are placed on packaging, etc., are generally imprinted, and, in this country, includes a little "TM". It can also be called a logo which can be trademarked or copyrighted and usually includes a little circled "R" for registered or a circled "c" for copyright. Don't ask me the difference. There are very subtle nuances. Generally, if it's trade and hallmarked, the word hallmark prevails over here, at least.

 

[pearlescence]

A hallmark is a standardised assay mark. It is always punched into the metal (see my recent post linking to Goldsmith's Hall in London for further details)

American trademarks use the circled TM, (c for copyright etc) the rest of the world uses a different international legal convention which does not need these claim marks.

A trademark can appear anywhere on a product not just the packaging.(think f the nike swoosh)

Copyright means the right to permit, licence or sell permission to make copies.

Registered design means that the design itself has been registered by some central agency (very hard to prove a breach though so pretty much worthless)

Patent means that the novel or new design owner or registrant has been granted exclusive rights to licence etc that design for a set number of years (there are international disputes over the American drug companies and US govt's claim to be able to patent aspects of DNA (but see the world patent for the oncological mouse)

Tiffany is a brand trademark

The legal implications for breach of most intellectual property rights can be criminal sanctions or , more usually, damages. Most IP law is governed by one of the two international conventions or national legislation but there are common law breaches possible, such as the tort of passing off - such as if I started calling myself pearlparadisio.

 

[knotty panda]

Oh, so sorry Wendy. I thought that's what I said only with littler words and skipping the tort part. But the point is, I sure wouldn't buy that bracelet from that vendor.

 

[pearlescence]

I'd not even sell it. It doesn't look very good quality!?
Knotts - no prob. I tend to go on a bit, since this is one of the areas of law I teach.(bleah)

 

[GemGeek]

Funny, but I just spent a few hours in a hallmark class. Many of the attendees, all appraisers, were surprised to hear that a hallmark is a government mark and the company marks are trademarks.

 

[Sueki]

This gives a good explanation of hallmarks worldwide.

http://www.modernsilver.com/basichallmarks.htm

 

[Monty Hall]

pearlescence,

I am grateful for your having "go(ne) on" about things hallmarkian, as I didn't know anything about stuff like that until your post.

Keep it coming!

Thanks very much,
CarolK

 

[Nerida]

I agree - the more "correct" we are, the less likely we are to be mistaken by others, as well. Haven't seen the posts for a couple of days, enjoyed reading through this! Thanks!

 

[Monty Hall]

Sueki,

Thanks for the excellent link to the Basic Hallmarks page! Several online antique dealers refer to "the eagle mark", and so on, as though things like that were common knowledge. They aren't.

The more I learn on this site, the more I realize how easy it is to get fleeced when buying any kind of gems these days.

CarolK

 

[knotty panda]

Maybe we can get Caitlin to move this part to its own thread. I have some more questions.

 

[Caitlin]

Okay, fire away.

 

[pearlescence]

The Hallmarking Acts here require that I display prominently a large and awkward notice to customers on what is a hallmark. It also costs ?10 and blows away, gets left behind, easily looks tatty... (details on the Goldsmith's Hall site)
Items with only a small amount of precious metal do not have to be hallmarked, so with a straightforward pearl necklace with just a precious metal clasp I do not have to send the clasp to be assayed.

 

[jerin]

Thanks Wendy and Sueki for this excellent information on hallmarks, trademarks, copyright and so on!

 

[Amrita]

This has been a really educational thread on hallmarks.......Thanks!

 

[pearlescence]

This is the authoritative website on hallmarks
http://www.thegoldsmiths.co.uk.
The Company has been overseeing the working and sale of precious metals since 1300

 

[Caitlin]

Thanks Wendy. A copy of this post should go up in Pearl book and Resources. I'll do it if you want.

 

[pearlescence]

You are the person when it comes to deciding this sort of thing. Is there a similar system in the USA....Canada....anywhere else?