49 Stat. 892 (25 U.S.C. 305b). Interpret or apply

[Title 25 CFR 3,]
[Code of Federal Regulations (annual edition) - April 1, 2004 Edition]
[Title 25 - INDIANS]
[Chapter II - INDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR]
[Sec. 3, - 49 Stat. 892 (25 U.S.C. 305b). Interpret or apply]
[From the U.S. Government Publishing Office]

25INDIANS12004-04-012004-04-01false49 Stat. 892 (25 U.S.C. 305b). Interpret or apply3,Sec. 3,INDIANSINDIAN ARTS AND CRAFTS BOARD, DEPARTMENT OF THE INTERIOR
PART 307_NAVAJO ALL-WOOL WOVEN FABRICS; USE OF GOVERNMENT CERTIFICATE
OF GENUINENESS--Table of Contents

Sec.
307.1 Penalties.
307.2 Certificates of genuineness; by whom affixed.
307.3 Granting of licenses, contract, and bond requirements.
307.4 Standards for fabrics.
307.5 Hand seal press and certificates to be furnished.
307.6 Fees.
307.7 Suspension of license.
307.8 Revocation of license.
307.9 Surrender of license.
307.10 Period of license.
307.11 Certificates fastened to fabrics.
307.12 Certificates, dating, and signing thereof.
307.13 Licensee's responsibility.

Authority: Sec. 3, 49 Stat. 892 (25 U.S.C. 305b). Interpret or apply
sec. 2, 49 Stat. 891, as amended (25 U.S.C. 305a).

Source: The provisions of this part 307 contained in regulations
governing the use of Government certificate of genuineness for Navajo
all-wool woven fabrics, Oct. 20, 1937, unless otherwise noted.

[[Page 737]]

Sec. 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
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 subject to a fine not exceeding
$20,000, or imprisonment not exceeding six months, or both such fine and
imprisonment.

Sec. 307.2 Certificates of genuineness; by whom affixed.

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

Sec. 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.

Sec. 307.4 Standards for fabrics.

No fabric may carry the Government certificate of genuineness for
Navajo all-wool 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 FR 2436, June 17, 1939]

Sec. 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 Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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

[[Page 738]]

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.

Sec. 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.

Sec. 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.

Sec. 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.

Sec. 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 FR 2436, June 17, 1939]

Sec. 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.