While the law requires that gold and silver carrying a quality mark also carry the registered trademark of the person or organization responsible for the guarantee of quality, there is no United States law requiring that gold or silver be quality marked in the first place. If a quality mark appears, so must the trademark. Whereas a quality mark alone is meaningless, the appearance of a trademark serves to assign the responsibility for fraudulent quality marks.
A quality mark represents the stated standard. The presence of the manufacture’s trademark is an important assurance that the ration of gold to alloy as represented by a stamp on the article is accurate, thus making it conform with the law. On the pragmatic level, such a measure is valuable primarily to distributors and retailers who can hold the manufacturer responsible in case a quality mark is found to be an exaggeration, thereby relieving themselves from responsibility in the chain of distribution. If, however, a quality mark is unaccompanied by a manufacturer’s trademark, it is the distributor and/or retailer who will be held accountable for having passed fraudulently marked goods onto the public.
A trademark is an assurance of quality. It is a permanent record of origin and an assumption of responsibility. It is clearly for the benefit of both distributors and retailers to make certain that each and every gold and silver item purchased is inscribed with a quality mark and is inscribed with a trademark, in accordance with the law.
IMPORTANT: The application of this mark is required to be identical to the means used in applying the quality mark, and must be at least as large as and positioned as close as possible to the quality mark.