Chapter 647 — Chapter 647
49 sections in this chapter.
ORS 647.005 Definitions. As used in this chapter
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(1) “Applicant” means a person that files an application to register a mark under this chapter, and the person’s legal representatives, successors or assigns. (2) “Dilution” means an association that arises from the similarity between a mark or trade name and a famous mark, regar…
ORS 647.009 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under this chapter and for process served on the Secretary of State under this chapter. The Secretary of State may collect the fees described in ORS 56.140 for copying a public record under this chapter, certifying the copy or certifying other facts of record under this chapter. [1991 c.132 §23; 1999 c.652 §17; 2009 c.459 §4]
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[Repealed or reserved.]
ORS 647.010 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.015 Application for registration. (1) Subject to the limitations set forth in this chapter, a person who uses a mark may file an application to register the mark with the Secretary of State in a manner that complies with the Secretary of State’s requirements. The application must set forth at least the following information
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(a) The name and business address of the person applying for registration. If the person is a corporation, the application must list the state of incorporation. If the person is a partnership, the application must list the state in which the partnership is organized and the names…
ORS 647.017 When mark is in use; abandonment of mark. (1) For purposes of this chapter, a mark is in use
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(a) On goods that are sold or transported in commerce in this state when the mark is placed in any manner on: (A) Goods, other containers or displays associated with the goods or tags or labels affixed to the goods; or (B) Documents associated with the goods or the sale of the go…
ORS 647.020 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.024 Rules for classes of goods and services. (1) The Secretary of State by rule may establish classes of goods and services for convenience in the administration of this chapter. The classes that the Secretary of State establishes may not limit or extend an applicant’s or registrant’s rights and shall conform to the classes the United States Patent and Trademark Office has adopted to the extent practicable
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(2) A single application to register a mark may include any or all goods or services on or in connection with which the mark is actually being used. (3) If an application includes more than one class, the Secretary of State may collect a fee under ORS 56.140 for each class. [1985…
ORS 647.025 [1961 c.497 §9; 1965 c.511 §3; repealed by 1985 c.728 §§84a,110 (647.024 enacted in lieu of 647.025)]
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[Repealed or reserved.]
ORS 647.029 Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications. (1) The Secretary of State, at the Secretary of State’s sole discretion, may examine an application filed under ORS 647.015 for conformity with the provisions of this chapter. This section does not require the Secretary of State to conduct an examination or investigation in connection with an application for registration
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(2) An applicant shall provide additional pertinent information the Secretary of State requests, including a description of a design that is used as a mark. The applicant or, with the applicant’s authorization, the Secretary of State may amend the application to conform with the …
ORS 647.030 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.035 Marks ineligible for registration. (1) A mark that an applicant submits for registration may not be registered if the mark consists of or comprises
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(a) Matter that is immoral, deceptive or scandalous; (b) Matter that may disparage, bring into contempt or disrepute or falsely suggest a connection with a person, living or dead, an institution, a belief or a national symbol; (c) The flag, coat of arms or other insignia of the U…
ORS 647.040 [Amended by 1959 c.261 §1; repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.045 Certificate of registration; contents; evidentiary effect. (1) Upon compliance by an applicant with the requirements of this chapter, the Secretary of State shall issue and deliver a certificate of registration to the applicant. The Secretary of State may issue as the certificate of registration a copy of the application marked with the word “filed.”
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(2) The certificate of registration must show: (a) The registrant’s name and business address. If the registrant is a corporation, the certificate must show the state of incorporation. If the registrant is a partnership, the certificate must show the state in which the partnershi…
ORS 647.050 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.055 Period of registration; renewal; notice. (1) Registration of a mark under this chapter is effective for a term of five years from the date of registration and may be renewed for successive five-year terms. The Secretary of State shall renew the registration if the registrant
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(a) Submits an application for renewal, verified as provided in ORS 647.015 (3), within 180 days before the term of registration expires; (b) Includes with the application a statement, verified as provided in ORS 647.015 (3), that the mark has been in use and is still in use; and…
ORS 647.060 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.065 Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations. (1) A mark and the registration for the mark under this chapter are assignable with the goodwill of the business in which the mark is used, or with the part of the goodwill of the business that is connected with the use of and symbolized by the mark
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(2) To assign the registration, a registrant must sign a written instrument. The registrant may submit the instrument to the Secretary of State for filing. After filing the instrument, the Secretary of State may issue to the assignee a certificate of registration that is effectiv…
ORS 647.070 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.075 Cancellation of registrations. (1) The Secretary of State shall cancel a registration for a mark or part of a registration if
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(a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration. (b) The registration has not been renewed in accordance with the provisions of ORS 647.055. (c) A court of competent jurisdiction either orders cancel…
ORS 647.077 Action to cancel mark or compel registration; Secretary of State not a party. An action to cancel a mark registered under this chapter or an action in mandamus to compel the Secretary of State to register a mark must be brought in a circuit court in this state. An action in mandamus must be based solely on the record before the Secretary of State. In an action to cancel a mark, a person may not name the Secretary of State as a party but the court shall notify the Secretary of State and permit the Secretary of State to intervene in the proceeding. [2009 c.459 §18]
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[Repealed or reserved.]
ORS 647.080 [Repealed by 1961 c.497 §16]
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(Remedies)
ORS 647.085 Fraudulent registration prohibited; liability; action for damages. (1) A person may not, on the person’s behalf or on behalf of another person, apply for, obtain or maintain a filing or registration for a mark under this chapter by knowingly making a false or fraudulent representation or declaration, orally or in writing, or by other fraudulent means
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(2) A person that violates subsection (1) of this section is liable to pay all damages sustained in consequence of the filing or registration. The party injured by the filing or registration may bring an action for damages in a court of competent jurisdiction. [1961 c.497 §10; 19…
ORS 647.090 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.095 Prohibited acts; liability. (1) A person may not
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(a) Use without the registrant’s consent and in connection with a sale, distribution, offer for sale or advertisement of goods or services a reproduction, counterfeit, copy or colorable imitation of a mark registered under this chapter if the use is likely to cause confusion or m…
ORS 647.100 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.105 Remedies for infringement. (1) An owner of a mark registered under this chapter may proceed in a civil action to seek an injunction against the manufacture, use, display or sale of a counterfeit or imitation of the mark. A court of competent jurisdiction may
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(a) Grant injunctions to restrain the manufacture, use, display or sale as the court deems just and reasonable; (b) Require the defendant to pay to the owner all profits the defendant derived and all damages the owner suffered from the manufacture, use, display or sale; and (c) O…
ORS 647.107 Grounds for injunctive relief; famous marks. (1) Subject to the principles of equity, the owner of a mark that is famous and distinctive in this state, inherently or through acquired distinctiveness, is entitled to an injunction against another person’s commercial use of the mark if
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(a) The other person’s use began after the mark became famous; and (b) The use is likely to cause dilution of the famous mark. (2) A mark is famous if the general consuming public of this state or of a geographic area within this state widely recognizes the mark as a designation …
ORS 647.110 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.111 Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking. (1) In a civil action under ORS 647.105, upon motion by the plaintiff with or without notice to the defendant, the court may order seizure of the counterfeit goods from any person manufacturing, displaying for sale or selling the goods if the plaintiff shows good cause and a probability of success on the merits and posts an undertaking under subsection (6) of this section
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(2) If the plaintiff makes a motion without notice to the defendant for an order for seizure and the court determines from the motion that there is good reason for proceeding without notice to the defendant, the court may waive the requirement of notice and order seizure of the c…
ORS 647.115 Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter. (1) The provisions of this chapter do not adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law
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(2) The enumeration of a right or remedy in this chapter does not affect the right of a registrant to prosecute under a penal law of this state. (3) The intent of this chapter is to provide for a system of trademark registration and protection substantially consistent with the sy…
ORS 647.120 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.125 [1985 c.566 §6; repealed by 1999 c.722 §9]
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[Repealed or reserved.]
ORS 647.130 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.135 Trademark counterfeiting. (1) A person commits trademark counterfeiting if the person knowingly and with the intent to sell or distribute and without the consent of the registrant uses, displays, advertises, distributes, offers for sale, sells or possesses any item that bears a counterfeit of a mark or any service that is identified by a counterfeit of a mark registered under this chapter or registered under this chapter or registered under 15 U.S.C. 1052 with knowledge that the mark is counterfeit
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(2) For purposes of this section, a mark is counterfeit if: (a) It is a mark that is identical to or substantially indistinguishable from a registered mark; and (b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered. (3…
ORS 647.140 Trademark counterfeiting in third degree; penalty. (1) A person commits the crime of trademark counterfeiting in the third degree if the person commits trademark counterfeiting as described in ORS 647.135 and
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(a) The total number of items bearing the counterfeit mark is not more than 100; or (b) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is not more than $1,000. (2) Trademark counterfeiting in the thi…
ORS 647.145 Trademark counterfeiting in second degree; penalty. (1) A person commits the crime of trademark counterfeiting in the second degree if the person
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(a) Commits trademark counterfeiting as described in ORS 647.135 and: (A) Has one prior conviction for trademark counterfeiting in any degree; (B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or (C) The total retail value of all of …
ORS 647.150 Trademark counterfeiting in first degree; penalty. (1) A person commits the crime of trademark counterfeiting in the first degree if the person commits trademark counterfeiting as described in ORS 647.135 or 647.145 (1)(b) and
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(a) Has two or more prior convictions for trademark counterfeiting in any degree; (b) The total number of items bearing the counterfeit mark is 1,000 or more; or (c) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the cou…
ORS 647.155 Seizure, forfeiture and disposal. (1) The following are subject to seizure and forfeiture in the same manner as the proceeds of prohibited conduct under ORS chapter 131A
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(a) All raw materials and equipment that are used, or intended for use, in providing, manufacturing and delivering items bearing a counterfeit mark or services identified by a counterfeit mark; (b) All conveyances that are used, or intended for use, to transport items bearing a c…
ORS 647.700 Definitions for ORS 647.700 to 647.730. As used in ORS 647.700 to 647.730
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(1) “Copyright owner” means a person that owns a copyright that is recognized and enforceable under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.). (2) “Perform” means to disseminate a musical work by playing a recording of the musical work in public, by broadcast…
ORS 647.705 Requirements for performing rights societies. (1) A performing rights society may not enter into, or offer to enter into, a contract under the terms of which a proprietor must pay royalties unless the performing rights society, at least 72 hours before entering into the contract, provides to the proprietor or an employee of the proprietor
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(a) Information, at the proprietor’s request, as to whether specific copyrighted musical works are in the repertoire of the performing rights society; (b) An opportunity to review, electronically and free of charge, the most current available list of the performing rights society…
ORS 647.708 Requirement for performing rights society to have authorization to do business in state. A performing rights society may not collect royalties, fees, penalties or other amounts for performing copyrighted musical works or enter into a contract to collect royalties for performing a copyrighted musical work unless the performing rights society is authorized to do business in this state. This section does not apply to a performing rights society that by law is exempt from a requirement to have an authorization to do business in this state. [2018 c.28 §3]
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Note: See note under 647.700.
ORS 647.710 Requirements for contracts for payment of royalties. A contract that a performing rights society executes or renews in this state under which a proprietor pays royalties must be
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(1) In writing; (2) Signed by the parties; and (3) Written to include, at a minimum, the following information: (a) The proprietor’s name and business address and the name and location of each place of business to which the contract applies; (b) The name of the performing rights …
ORS 647.715 Prohibited conduct. A performing rights society or any agent or employee of a performing rights society may not
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(1) Enter onto the premises of a proprietor’s business to discuss or inquire about a contract under which the proprietor will pay royalties without first: (a) Providing identification to the proprietor or the proprietor’s employees; and (b) Specifying the purpose of the entry; (2…
ORS 647.720 Action for damages; injunction; fines. (1) Any person may bring an action to recover actual damages and reasonable attorney fees or seek an injunction or any other remedy available at law or in equity for a violation of ORS 647.705, 647.708, 647.710 or 647.715
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(2) In addition to and not in lieu of any damages a person may recover under subsection (1) of this section, a court may impose a fine of not more than $1,000 for each willful violation of ORS 647.705, 647.708, 647.710 or 647.715. [1997 c.236 §5; 2018 c.28 §8] Note: See note unde…
ORS 647.725 Relationship to other laws. The rights, remedies and prohibitions in ORS 647.700 to 647.730 are in addition to and cumulative to any other right, remedy or prohibition accorded by common law, federal law or the statutes of this state. ORS 647.700 to 647.730 do not deny, abrogate or impair any common law or statutory right, remedy or prohibition. [1997 c.236 §6; 2018 c.28 §9]
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Note: See note under 647.700.
ORS 647.728 Conduct of investigations by performing rights society. ORS 647.700 to 647.730 do not prohibit a performing rights society from conducting investigations to determine whether a proprietor is performing copyrighted musical works or informing a proprietor of the proprietor’s obligations under the Copyright Act of 1976 (P.L. 94-553, 17 U.S.C. 101 et seq.) and other copyright laws or regulations of the United States. [2018 c.28 §2]
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Note: See note under 647.700.
ORS 647.730 Applicability of ORS 647.700 to 647.730. ORS 647.700 to 647.730 do not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission or to contracts with cable television operators, cable television programmers or other similar transmission services. ORS 647.700 to 647.730 do not apply to musical works performed in synchronization with an audiovisual film or tape. [1997 c.236 §7]
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Note: See note under 647.700.
ORS 647.990 [Repealed by 1961 c.497 §16]
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[Repealed or reserved.]
ORS 647.991 [1985 c.566 §7; repealed by 1999 c.722 §9]
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