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www.tartansauthority.com/ click on Tartan Recording at the top of the page
Recording a Tartan
The ins and outs of Recording a new tartan in the International Tartan Index.
Bearing in mind the great international significance of tartan, it surprises many people that Scotland has no official register of its national icon! At the Scottish Tartans Authority, we are closely involved in the plan to create such a legal entity. Until that time the International Tartan Index is the 'Register in waiting' and as the industry standard is the only such facility of any significance.
How do you go about Recording a tartan? Although it’s a simple enough procedure there are certain rules that have been formulated over the years and these should be studied before proceeding to complete the Recording Application. A Recording fee is charged, the amount depending upon the category of tartan and whether or not the applicant is a member of the Authority.
We must emphasise that there is no legal requirement to Record a tartan but we strongly advise the designers of new tartans to go through the process so that a dated record of their tartan is inserted into the internationally recognised and publicly accessible ITI. This can be of legal significance if someone were to copy your design, produce a tartan of confusing similarity to yours or try to Record a tartan of the same name. When a new tartan is Recorded the Authority issues a signed certificate.
For designers who don’t wish to have their new tartan Recorded we can consider it for a simple Listing in the ITI. Under those circumstances we don't charge a fee but can't offer advice, enter into any correspondence or issue a certificate. As with Recording, no tartan will be included in the ITI unless we receive a woven sample.
You might ask 'Why do you insist on a woven sample?" The answer is that we must ensure that all new tartans are genuine productions and not just design exercises. We therefore require proof of some commercial production - even if that production is just a handwoven length for a kilt or skirt. We regard your provision of a small woven sample as such proof. We're not totally hung up on tartans being woven by the way; some may be destined for commercial uses other than the woven form - if in doubt just ask us!
RECORDING NOTES
The following notes are for your guidance. The "do’s" and "don’ts" may sound a little daunting, but the process is simple. If you have any queries at all please don’t hesitate to contact us.
1. Whilst there is no legal obligation to record any design, it is strongly recommended that - prior to any weaving or other reproduction - a Recording application is completed. This will allow the Authority to check the proposed tartan against all others in the International Tartan Index to ensure its originality in both name and design. If the tartan meets these criteria then it is Provisionally Recorded
2. If the tartan submitted does not meet these criteria then the applicant will be notified that it has not been Recorded because of its close similarity to an existing sett. In this case the Authority will be happy to provide suggestions for the applicant’s consideration.
3. Full Recording and the mailing of the Recording Certificate cannot be implemented until a woven or printed sample of an acceptable commercial standard is supplied or the Authority is assured of the imminent production of such a sample. It is important to stress that the Authority will not record new tartan designs where no commercial production or use has taken place or is intended to take place.
4. If a tartan is woven then the sample should be a minimum of 18cms x 23cms (7 inches x 9 inches) or of sufficient size to show half a sett if that exceeds these measurements. For woven material, a four yard (double-width) trial length (power or hand loom) is regarded as the minimum length to be regarded as commercial production. A woven sample that has been produced specifically for the purpose of Recording that tartan is not acceptable as evidence of commercial production.
5. For tartan printed on fabric or other media, a sample showing the complete set should be submitted. If the nature of the medium precludes this, advice should be sought from the Authority.
6. Any statement by the Authority of the apparent uniqueness of a design can only be based on the available information and the Authority cannot be responsible for predating duplications subsequently being found.
7. If the tartan is a new pattern intended for use by the whole of the name i.e. all those who bear the name or recognised variations of the name, this application must be submitted to and supported by the clan chief or head of the family or main cadet or, in the absence of either, the Clan Society. Documentary evidence of such support must accompany the application. In the absence of any such evidence, the applicant has no authority to claim that the tartan is the sole tartan for individuals of that name and its variations. Without such authority a pattern can only be recorded as a tartan that individuals of that name and its variations are welcome to wear.
8. Similarly, tartans named after countries, states, provinces, districts, towns, cities, companies, or implying a connection with central or local government or with public or community initiatives etc., must likewise be accompanied by a letter of authority from the relevant central or local government department or initiative, etc. Without such authority the tartan cannot be recorded in the name applied for on the application. The Authority reserves the right to refuse recording to tartans whose name:
a. may cause confusion or is contrary to public policy in being unethical, rude or abusive.
b. makes claims that cannot be substantiated.
c. is a thinly disguised advertising slogan.
d. is greater in length than 32 characters (including spaces).
9. All tartans entered into the International Index are considered to be in the public domain and the Authority reserves the right to show and/or reproduce any pattern in published works or any database or computer software program adopted by the Authority for use on its website and/or for sale to the public.
10. In the event of an applicant’s tartan being unsuitable for recording, the fee is non returnable.
All correspondence and enquiries should also be addressed to:
Scottish Tartans Authority, Fraser House, Muthill Road, CRIEFF, Perthshire. PH7 4HQ. Scotland.
Tel: +44 (0) 1764 655 444 Fax: +44 (0) 1764 65 4242 Mobile: +44 (0) 7785 78 48 96 e-mail:
admin@tartansauthority.com
Listing Application
Recording Application
Scottish Tartans Authority
Muthill Road, Crieff. PH7 4HQ. Scotland
Tel: +44 (0)1764 655444 Fax: +44 (0)1764 654242 Local rate calls from UK 0845 430 1822
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