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Trade Marks

Trade Marks:  Obligations of all ABPC members

Standards All articles manufactured by the Member shall conform to the standards specified by the ABPC. The current standards are set out in the Appendix to this Agreement

Fitness for Purpose Any article made by the Member using pewter shall be fit for use for the purpose for which it is intended and shall conform to the standard as specified by the Council of the ABPC.

Finish and Craftsmanship The Craftsmanship used in the manufacture of any article and the finish of any article shall conform to the reasonable requirements of the Council of the ABPC which requirements shall be directed to seeing that the craftsmanship and finish of all articles shall be such that British Pewter and articles made therefrom shall not be brought into disrepute thereby.

Best Practice The ABPC requires that its members carry out “best practice” in their manufacturing methods and facilities at all times. This includes compliance with all UK and European Union employment, environmental and health and safety policy. It also includes the necessity to source, handle and manufacture material (in particular pewter and other metals) in a way that complies with legal standards and enables finished goods to meet the required legal standards.

Testing and Confirmation The Council of the ABPC reserves the right to test and examine products sold by Members, whether bearing the Trade Marks, or not, to confirm that the products meet the required standards outlined above. Members selling products found not to meet the required standard will be required to withdraw the product from the market until such a time, if at all, as it can be confirmed that the product meets the standards outlined by the ABPC.

(Undertakings given by ABPC members on entering into a trade mark user agreement)

Use of Marks The Seahorse and the ABPC Trade Marks may be used on goods falling within the Scheduled Classes (Classes 21 and 28) which have been manufactured within the United Kingdom by the User. “Manufactured in the United Kingdom” Goods are deemed to have been manufactured or produced in the country in which they last underwent a treatment or process resulting in a substantial change.

Metal Content The use of the Trade Marks or any of them on any article shall indicate that the chemical composition of the pewter and the solder used in the manufacture of the articles

(a) is one of alloys, particulars of which are set out in table 1 to part 1 of BS/EN/611; and subsequently revised in the ABPC document “Pewter Standards”; and any subsequent revisions promulgated by the ABPC from time to time.

(b)  in the case of articles manufactured specifically for sale in a country outside the European Community, is an alloy subject to such modifications as may be necessary to comply with the requirements, standards or regulations laid down in that country for the chemical composition of the pewter alloy and/or solder but so that the second paragraph of Section 3.2 of BS/EN/611 Part 2 shall apply at all times and including the revisions outlined in the ABPC document, “Pewter Standards” (see above), and any subsequent revisions; or

(c)  such other alloy as shall be approved in writing by the ABPC, such approval not to be unreasonably withheld.
NB  The Act does not define “substantial change” although one Order has been made under this section which explicitly states that the process of silver-plating stainless-steel cutlery does not constitute a “substantial change”. Generally, therefore, placing a finished product into a container or outer box or carrying out a simple finishing process, such as painting, on a product would not be considered to be substantially changing the nature of the product.  On the other hand, creating a product from material, albeit imported, would be likely to be considered to result in such a change.

 

NB  The above list of obligations is not comprehensive. For the full list, please refer to the provisions of the Trade Mark User Agreement