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12th July 13, 04:25 AM
#11
Peter is correct. Technically it is a tartan. A tartan only requires two colors. This is just an example of a very, very simple tartan.
I see Peter's point about this pattern likely existing somewhere as a fashion check. Although to play devil's advocate, one might argue "so what?" Has anyone who has woven it as a fashion check bothered to register it as a tartan? Or a trademarked design? Are they using it with any symbolism associated with tartan (not necessarily as a family pattern but perhaps as an estate tweed, a corporate check, something of that nature)?
If the answers to the above are "no," then I can see an argument being made for this person being allowed to register the design. However, I doubt any sort of restrictions or exclusivity could be enforced for such a simple pattern which, in all likelihood, has been woven numerous times, by numerous weavers in the past.
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12th July 13, 09:26 AM
#12
This is just an example of a very, very simple tartan.
I think you left out a very.
At least the designer chose nice colours.
--Always toward absent lovers love's tide stronger flows.
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12th July 13, 09:53 AM
#13
Adding to Matt's thoughts, are there "hard and fast" rules/restrictions/criteria in the determination of whether a new tartan pattern is allowed to be officially registered? Does the registration of a new tartan tend to be a slam dunk for the person submitting the application?
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12th July 13, 10:08 AM
#14
 Originally Posted by chewse
Adding to Matt's thoughts, are there "hard and fast" rules/restrictions/criteria in the determination of whether a new tartan pattern is allowed to be officially registered? Does the registration of a new tartan tend to be a slam dunk for the person submitting the application?
The registration procedure is laid out at http://www.tartanregister.gov.uk/index.aspx , but these are the grounds for refusal:
Refusal of application
Under the terms of the Scottish Register of Tartans Act 2008 Section 7(2)(a), the Keeper must refuse to register a tartan (a) if the applicant's association with the name of the tartan is insufficient or insubstantial, or
(b) if the name of the tartan is undesirable i.e. in the view of the Keeper the name is likely to mislead the public as to the true nature of the purposes of the person/body registering it, or is deemed to be frivolous or offensive.
(c)It is not possible to register a tartan name which is greater than 200 characters in length.
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12th July 13, 10:22 AM
#15
 Originally Posted by Chas
The registration procedure is laid out at http://www.tartanregister.gov.uk/index.aspx , but these are the grounds for refusal:
Refusal of application
Under the terms of the Scottish Register of Tartans Act 2008 Section 7(2)(a), the Keeper must refuse to register a tartan (a) if the applicant's association with the name of the tartan is insufficient or insubstantial, or
(b) if the name of the tartan is undesirable i.e. in the view of the Keeper the name is likely to mislead the public as to the true nature of the purposes of the person/body registering it, or is deemed to be frivolous or offensive.
(c)It is not possible to register a tartan name which is greater than 200 characters in length.
With the exception of letter "C", it seems very subjective!
Last edited by chewse; 12th July 13 at 12:25 PM.
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12th July 13, 10:43 AM
#16
 Originally Posted by chewse
When the exception of letter "C", it seems very subjective!
There are paragraphs of the stuff, but for (a) you would have to be the Clan Chief or his representative to register a Clan tartan.
For (b), likewise you can't register "Cure for Cancer" as a tartan unless you can show that the profits and proceeds of any sale will be going to help cure cancer.
You could have "British Republic", but not "Kill the Queen".
Really the best way is to read the whole lot through - they have it pretty well sewn up.
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13th July 13, 10:29 PM
#17
 Originally Posted by Chas
The registration procedure is laid out at http://www.tartanregister.gov.uk/index.aspx , but these are the grounds for refusal:
Refusal of application
Under the terms of the Scottish Register of Tartans Act 2008 Section 7(2)(a), the Keeper must refuse to register a tartan (a) if the applicant's association with the name of the tartan is insufficient or insubstantial, or
(b) if the name of the tartan is undesirable i.e. in the view of the Keeper the name is likely to mislead the public as to the true nature of the purposes of the person/body registering it, or is deemed to be frivolous or offensive.
(c)It is not possible to register a tartan name which is greater than 200 characters in length.
From the Guidance Notes on the STR site:
The criteria for registration are:
that the tartan meets the definition contained in the Act and is sufficiently different to all other tartans already recorded in the Register.
that the name of the tartan is unique, acceptable and suitably authorised.
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