Chapter 532 — Chapter 532

ORS 532.010 Definitions for ORS 532.010 to 532.140. For purposes of ORS 532.010 to 532.140, unless the context or subject matter otherwise requires

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ORS 532.020 Branding forest products and booming equipment required; rules. (1) Except as provided in ORS 532.030, every person who puts into any of the waters of this state, ships on any motor vehicle or railroad any forest products, or uses any booming equipment as a part of an operation in securing, rafting or floating forest products, shall have a mark or brand previously selected by the person and registered in the manner provided in ORS 532.010 to 532.140 plainly impressed or cut in a conspicuous place on the forest products and booming equipment in a manner as required by the rules and regulations of the State Forester

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ORS 532.030 Branding optional east of crest of Cascade Mountains. In view of the different conditions obtaining in the logging industry of this state between the parts of the state lying respectively east and west of the crest of the Cascade Mountains, forest products may be put into the waters of this state or shipped on railroads or motor vehicles without having thereon a registered mark or brand as required in ORS 532.010 to 532.140, within that portion of the state lying east of the crest of the Cascade Mountains; and the penalties provided in ORS 532.990 for failure to mark or brand such forest products shall not apply. However, any person operating within the east side portion of the state may select a mark or brand and cause it to be registered in the office of the State Forester pursuant to the terms of ORS 532.010 to 532.140 and use it for the purpose of marking or branding forest products and booming equipment. In the event of the registration of such mark or brand and the use of it in marking or branding forest products or booming equipment, the provisions of ORS 532.010 to 532.140 shall apply to the forest products and booming equipment so marked or branded

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ORS 532.040 Ownership of forest products and booming equipment presumed from registered brands or catch brands thereupon. All forest products and booming equipment having impressed thereupon a registered brand as provided in ORS 532.010 to 532.140 are presumed to belong to the person appearing on the records in the office of the State Forester as the owner of the brand. However, all forest products having impressed thereupon also a registered catch brand are presumed to belong to the owner of the registered catch brand, unless there are impressed thereupon more than one registered catch brand, in which event they shall be presumed to belong to the owner whose registered catch brand was placed thereupon latest in point of time

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ORS 532.050 Application for registration of brand; registration; rejection. (1) Every person selecting a brand, before using it, shall make application for its registration in the office of the State Forester by depositing therein an impression stamped on a designated form, together with, in duplicate, a written statement duly signed and verified by the person or the agent of the person, containing a description of the brand and declaring that it is not, and at the time of its adoption by the person, was not in use to the knowledge of the person by any other person and that the person has selected it in good faith for branding forest products to be transported on motor vehicles or railroads, or floated or rafted in the waters of this state, or booming equipment to be used by the person as a part of the operations in securing, rafting or floating forest products

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ORS 532.060 Application for registration of catch brand. Every person desiring to use a catch brand as an identifying mark upon forest products or booming equipment purchased or lawfully acquired by the person from another shall, before using it, make application for its registration in the office of the State Forester in the manner prescribed for the registration of brands, and the provisions contained in ORS 532.010 to 532.140 in reference to registration, certifications, assignments and cancellation and the fees to be paid to the State Forester shall apply equally to catch brands. However, the certificate of the State Forester shall designate the mark or brand as a catch brand, and the mark selected by the applicant as a catch brand shall be enclosed in the letter “C,” which letter “C” shall identify the mark as, and shall be used only in connection with, a catch brand

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ORS 532.070 Certified copy of brand registration as evidence of registration and ownership. A copy of brand registration certified by the State Forester or the deputy of the State Forester as a true copy and in good standing shall be received in all the courts of this state as evidence of the due and proper registration of the mark or brand and of its ownership

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ORS 532.080 Mark or brand assignable; procedure. Every mark or brand registered under ORS 532.010 to 532.140 shall be assignable in law. The State Forester, upon payment of the fee mentioned in ORS 532.110 and presentation to the State Forester, in duplicate, of an assignment, duly executed and acknowledged by the owner, transferring the mark or brand to a person named therein, shall file one copy of the assignment in the office of the State Forester and make an entry in the Forest Products Brand Register of the fact of the assignment, the date, the name of the assignee and such other details as the State Forester may see fit to enter therein. The State Forester shall return to the assignee the other copy of the assignment, with a certificate attached thereto, signed by the State Forester or the employee of the State Forester, to the effect that the mark or brand has been duly registered in accordance with the provisions of ORS 532.010 to 532.140 and assigned to the assignee and that the assignee is the registered owner. The assignee, upon the due registration of the assignment as herein provided, shall become the owner of the mark or brand with the full right of exclusive use to the same extent as though the assignee had been the original owner

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ORS 532.090 Cancellation of registered brand or mark. The State Forester, upon the petition of the owner of a registered mark or brand, may cause the registration thereof to be canceled, and in the event of such cancellation, the mark or brand shall be open to registration by any person subsequently applying therefor

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ORS 532.100 Renewal and abandonment of marks or brands; reissue of abandoned or canceled brand. (1) The State Forester shall, each five-year period after October 1, 1951, notify the owners of all log marks or brands then of record in Oregon to renew them. Upon receipt of the fee provided for in ORS 532.110, the State Forester shall give a renewal certificate, which shall give the holder and owner the exclusive right to continue the use of the brand or mark within Oregon. If any owner of a brand or mark which is on record fails or refuses to pay the renewing fee within three months after notification, such brand shall become forfeited and be no longer carried on the records

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ORS 532.110 Fees. The fees to be paid to the State Forester are as follows

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ORS 532.120 Disposition of fees. All fees collected by the State Forester under ORS 532.010 to 532.140 shall be paid into the State Treasury, credited to the State Forestry Department Account and available for expenses associated with ORS 532.010 to 532.140. [Amended by 1957 c.459 §5; 1961 c.253 §3; 1967 c.34 §6; 1989 c.767 §2]

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ORS 532.130 Prohibitions generally. (1) No person, unless permitted to do so under ORS 532.030, shall

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ORS 532.140 Prohibited acts relating to branding or marking if intended to injure or defraud. No person, with an intent to injure or defraud the owner, shall

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ORS 532.510 [1957 c.668 §1; 1959 c.111 §1; 1983 c.89 §1; repealed by 1993 c.47 §1]

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ORS 532.520 [1957 c.668 §2; 1983 c.89 §2; repealed by 1993 c.47 §1]

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ORS 532.530 [1957 c.668 §3; 1961 c.174 §1; 1983 c.89 §3; 1991 c.331 §77; repealed by 1993 c.47 §1]

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ORS 532.535 [1973 c.45 §2; 1983 c.89 §4; repealed by 1993 c.47 §1]

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ORS 532.540 [1957 c.668 §4(1), (2); 1983 c.89 §5; repealed by 1993 c.47 §1]

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ORS 532.550 [1957 c.668 §5(1), (2), (4); 1959 c.111 §2; repealed by 1983 c.89 §6 (532.551 enacted in lieu of 532.550)]

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ORS 532.551 [1983 c.89 §7 (enacted in lieu of 532.550); repealed by 1993 c.47 §1]

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ORS 532.560 [1957 c.668 §5(3); 1983 c.89 §8; 1983 c.740 §210; repealed by 1993 c.47 §1]

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ORS 532.570 [1957 c.668 §6; 1983 c.89 §9; repealed by 1993 c.47 §1]

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ORS 532.580 [1957 c.668 §15; 1983 c.89 §10; 1991 c.249 §41; repealed by 1993 c.47 §1]

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ORS 532.590 [1957 c.668 §8; subsection (2) enacted as 1957 c.668 §4(3); 1983 c.89 §11; repealed by 1993 c.47 §1]

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ORS 532.600 [1957 c.668 §23; repealed by 1993 c.47 §1]

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ORS 532.610 [1957 c.668 §9; 1983 c.89 §12; repealed by 1993 c.47 §1]

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ORS 532.620 [1957 c.668 §10; 1983 c.89 §13; repealed by 1993 c.47 §1]

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ORS 532.630 [1957 c.668 §7; repealed by 1993 c.47 §1]

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ORS 532.640 [1957 c.668 §12; repealed by 1993 c.47 §1]

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ORS 532.650 [1957 c.668 §11; repealed by 1993 c.47 §1]

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ORS 532.660 [1957 c.668 §17; repealed by 1993 c.47 §1]

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ORS 532.670 [1957 c.668 §13; 1983 c.89 §14; repealed by 1993 c.47 §1]

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ORS 532.680 [1957 c.668 §14; 1991 c.249 §42; repealed by 1993 c.47 §1]

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ORS 532.690 [1957 c.668 §16; repealed by 1993 c.47 §1]

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ORS 532.700 [1957 c.668 §18; 1983 c.89 §15; repealed by 1993 c.47 §1]

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ORS 532.710 [1957 c.668 §19; 1967 c.34 §7; repealed by 1993 c.47 §1]

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ORS 532.720 [1959 c.111 §3; repealed by 1993 c.47 §1]

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ORS 532.990 Penalties. (1) Violation of any of the provisions of ORS 532.130 is a Class B misdemeanor

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