Sponsors’ marks.
3
1
Before an article is submitted to an assay office to be struck with the approved hallmarks there shall be struck on the article a mark indicative of the manufacturer or sponsor and known as the sponsor’s mark:
Provided that the assay office and the manufacturer or sponsor of an article may make arrangements for the sponsor’s mark to be struck by that assay office upon submission of the article to be struck with the approved hallmarks.
2
After 31st December 1975 all sponsors’ marks for the time being in use shall cease to be authorised for striking on any article intended to be struck with the approved hallmarks and thenceforth a sponsor’s mark shall be authorised (whether or not of the same design as any sponsor’s mark which was authorised before 1st January 1976) only if it is for the time being registered under the following provisions of this section with an assay office by which the article is intended to be so struck.
3
a
Any sponsor’s mark which is registered under this section shall ... be of such design as may be approved by an assay office:
Provided that nothing in this paragraph shall apply to the registration on or before 31st December 1975 by a manufacturer or sponsor (or to the renewal from time to time thereafter of that registration) of the same mark as until that date has been authorised for use by him in terms of subsection (2) of this section.
b
An assay office shall maintain a register of sponsors’ marks for the time being registered and approved by that assay office under this section
4
Upon application for registration or renewal of the registration of any sponsor’s mark under this section with an assay office, there shall be payable by the applicant such reasonable fee as for the time being is specified in regulations made by the Council and any application shall be made in such form accompanied by such particulars and exhibits as may be so specified.
5
Registration or renewal of the registration of any sponsor’s mark under this section shall be subject to the approval, provision and recording from time to time (in accordance with regulations made by the Council) of such punches or other equipment as may be specified in such regulations.
6
Any assay office may register under this section their own sponsor’s mark, being of such design as may be approved by resolution of the Council; and in any case where a person submits an article to an assay office for striking with the approved hallmarks and that assay office are of opinion that they would not be justified in requiring that person to register and strike a sponsor’s mark in accordance with the foregoing provisions of this section, the sponsor’s mark of that assay office may be struck on the article.
7
The registration of a sponsor’s mark under this section shall cease to have effect after the expiration of the period of ten years following registration but without prejudice to the making of any application for renewal of such registration.
8
Any person who without authority strikes an article with a mark purporting to be a sponsor’s mark authorised under this section shall be guilty of an offence.
Words in s. 3(3)(a) omitted (8.2.2013) by virtue of The Legislative Reform (Hallmarking) Order 2013 (S.I. 2013/251), arts. 1(2), 4