Okla. Stat. tit. 78, § 78-53 — OK Code / Title 78 / Section 78-53
Acts constituting deceptive trade practices - Prima facie
Status: in_force

evidence of intent to injure competitors.

A. A person engages in a deceptive trade practice when in the

course of business, vocation, or occupation, the person:

1. Passes off goods or services as those of another;

2. Knowingly makes a false representation as to the source,

sponsorship, approval, or certification of goods or services;

3. Knowingly makes a false representation as to affiliation,

connection, association with, or certification by another;

4. Uses deceptive representations or designations of geographic

origin in connection with goods or services;

5. Knowingly makes a false representation as to the

characteristics, ingredients, uses, benefits or quantities of goods

or services or a false representation as to the sponsorship,

approval, status, affiliation, or connection of a person therewith;

6. Represents that goods are original or new if they are not;

7. Represents that goods or services are a particular standard,

quality, or grade, or that goods are a particular style or model, if

they are another;

8. Disparages the goods, services, or business of another by

false or misleading representation of fact;

9. Advertises goods or services which differ from those offered

for sale in the advertisements;

10. Advertises goods or services with intent not to supply

reasonably expectable public demand, unless the advertisement

discloses a limitation of quantity;

11. Makes false or misleading statements of fact concerning the

reasons for, existence of, or amounts of price reductions;

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 11

12. Advertises the price of an item after deduction of a rebate

unless the actual selling price is advertised and clear and

conspicuous notice is given in the advertisement that a mail-in

rebate is required to achieve the lower net price;

13. Misrepresents the geographic location of the supplier by

listing a fictitious business name or an assumed business name in a

local telephone directory if:

a. the name misrepresents the geographic location of the

supplier,

b. the listing fails to identify the locality and state

of the business of the supplier,

c. calls to the local telephone number are routinely

forwarded or otherwise transferred to a business

location that is outside the calling area covered by

the local telephone directory, or

d. the business location of the supplier is located in a

county that is not contiguous to a county in the

calling area covered by the local telephone directory;

14. Lists a fictitious business name or assumed business name

in a directory assistance database if:

a. the name misrepresents the geographic location of the

supplier,

b. calls to the local telephone number are routinely

forwarded or otherwise transferred to a business

location that is outside the local calling area, or

c. the business location of the supplier is located in a

county that is not contiguous to a county in the local

calling area; or

15. Violates any provision of the Revised Uniform Athlete

Agents Act.

B. Evidence that a person has engaged in a deceptive trade

practice shall be prima facie evidence of intent to injure

competitors and to destroy or substantially lessen competition.

C. The deceptive trade practices listed in this section are in

addition to and do not limit the types of unfair trade practices

actionable at common law or under other statutes of this state.
Okla. Stat. tit. 78, § 78-56 — OK Code / Title 78 / Section 78-56
Collection of unwanted clothing via public receptacle for
Status: in_force

resale.

A. It shall be an unfair business practice for a for-profit

entity or natural person to collect donations of unwanted clothing

and household items via a public receptacle and resell the donated

items for profit unless the donation receptacle prominently displays

a disclosure label printed in bold letters at least one (1) inch

high and one (1) inch wide stating: “DONATIONS ARE NOT FOR

CHARITABLE ORGANIZATIONS AND WILL BE RESOLD FOR PROFIT”.

B. It shall be an unfair business practice for a for-profit

entity or natural person to collect donations of unwanted clothing

and household items via a public receptacle and resell the donated

items if some or all of the proceeds from the sale are directly

given to a not-for-profit entity unless the donation receptacle

prominently displays a disclosure label printed in bold letters at

least one (1) inch high and one (1) inch wide stating: “DONATIONS TO

THE FOR-PROFIT ENTITY: (name of the for-profit entity or individual)

ARE SOLD FOR PROFIT AND (percentage of proceeds donated to the not-

for-profit entity) OF ALL PROCEEDS IS DONATED TO (name of the

nonprofit beneficiary organization)”.

C. It shall be an unfair business practice for a for-profit

entity or natural person to collect donations of unwanted clothing

and household items via a public receptacle and resell the donated

items, if the not-for-profit entity is paid a flat fee, not

contingent upon the proceeds generated by the sale of the collected

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 14

goods, and one hundred percent (100%) of the proceeds from the sale

of the items is retained by the for-profit entity, unless the

donation receptacle prominently displays a disclosure label printed

in bold letters at least one (1) inch high and one (1) inch wide

stating: “THIS DONATION RECEPTACLE IS OPERATED BY THE FOR-PROFIT

ENTITY: (name of the for-profit entity or individual) ON BEHALF OF

(name of the nonprofit beneficiary organization)”. Donations are

sold for-profit by (name of the for-profit entity or individual) and

a flat fee (insert fee arrangement) is paid to (name of the not-for-

profit beneficiary or organization).

D. As used in this section:

1. “Public receptacle” means a large container, or donation

bin, commonly placed in a parking lot for the purpose of encouraging

individuals to donate clothing or other items;

2. “Disclosure label” means a printed or typed notice

permanently affixed to a public receptacle on the side and front

which is easily readable and legible.

E. 1. In addition to the requirements provided for in this

section, every disclosure label shall include an address and

telephone number of the entity benefiting from the donation;

2. For purposes of this subsection, a post office box shall not

be considered sufficient for the address on the disclosure label.

F. Nothing in this section shall apply to paper, glass,

plastic, or aluminum products that are donated for the purpose of

being recycled in the manufacture of other products.
Okla. Stat. tit. 78, § 78-103 — OK Code / Title 78 / Section 78-103
Advertising or conducting live musical performance or
Status: in_force

production using false, deceptive, or misleading affiliation,

connection or association between performing and recording group -

Exceptions.

It shall be unlawful for any person to advertise or conduct a

live musical performance or production in this state through the use

of a false, deceptive or misleading affiliation, connection or

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 21

association between a performing group and a recording group. This

section does not apply if any of the following apply:

1. The performing group is the authorized registrant and owner

of a federal service mark for that group registered in the United

States Patent and Trademark Office;

2. At least one member of the performing group was a member of

the recording group and has a legal right by virtue of use or

operation under the group name without having abandoned the name or

affiliation with the group;

3. The live musical performance or production is identified in

all advertising and promotion as a salute or tribute and the name of

the vocal or instrumental group performing is not so closely related

or similar to that used by the recording group that it would tend to

confuse or mislead the public;

4. The advertising does not relate to a live musical

performance or production taking place in this state; and

5. The performance or production is expressly authorized by the

recording group.misleading affiliation, connection or association between performing and recording group -
Okla. Stat. tit. 78, § 78-88 — OK Code / Title 78 / Section 78-88
Damages
Status: in_force

A. Except to the extent that a material and prejudicial change

of position prior to acquiring knowledge or reason to know of

misappropriation renders a monetary recovery inequitable, a

complainant is entitled to recover damages for misappropriation.

Damages can include both the actual loss caused by misappropriation

and the unjust enrichment caused by misappropriation that is not

taken into account in computing actual loss. In lieu of damages

measured by any other methods, the damages caused by

misappropriation may be measured by imposition of liability for a

reasonable royalty for a misappropriator's unauthorized disclosure

or use of a trade secret.

B. If willful and malicious misappropriation exists, the court

may award exemplary damages in an amount not exceeding twice any

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 19

award made pursuant to the provisions of subsection A of this

section.
Okla. Stat. tit. 78, § 78-55 — OK Code / Title 78 / Section 78-55
Exceptions
Status: in_force

A. This act does not apply to:

1. Conduct in compliance with the orders or rules of, or a

statute administered by, a federal, state, or local governmental

agency;

2. Publishers, broadcasters, printers, or other persons engaged

in the dissemination of information or reproduction of printed or

pictorial matter who publish, broadcast, or reproduce material

without knowledge of its deceptive character;

3. Actions or appeals pending on the date that this act becomes

effective; or

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 13

4. Motor vehicle dealers who are new car franchise dealers

covered under the provisions of the Motor Vehicle Commission Law as

set forth in Sections 561 through 580.2 of Title 47 of the Oklahoma

Statutes, inclusive.

B. This act shall be interpreted to apply to the use by a

person of any service mark, trademark, certification mark,

collective mark, trade name, or other trade identification which was

used and not abandoned prior to the effective date of this act, if

the use was in good faith and is otherwise lawful except for the

provisions of this act.

C. For purposes of paragraphs 13 and 14 of subsection A of

Section 53 of this title, a telephone company or other provider of a

telephone directory or directory assistance service or its officer

or agent is immune from liability for publishing the listing of a

fictitious business name or assumed business name of a supplier in

its directory or directory assistance database unless the telephone

company or other provider of a telephone or directory assistance

service is the same person as the supplier who has committed the

deceptive act.
Okla. Stat. tit. 78, § 78-32 — OK Code / Title 78 / Section 78-32
Remedies
Status: in_force

Any owner of a trademark registered under this act may proceed

by suit to enjoin the manufacture, use, display or sale of any

counterfeits or imitations thereof and any court of competent

jurisdiction may grant injunctions to restrain such manufacture,

use, display or sale as may be by the said court deemed just and

reasonable, and may require the defendants to pay to such owner all

profits derived from and/or all damages suffered by reason of such

wrongful manufacture, use, display or sale; and such court may also

order that any such counterfeits or imitations in the possession or

under the control of any defendant in such case be delivered to an

officer of the court, or to the complainant, to be destroyed.

The enumeration of any right or remedy herein shall not affect a

registrant's right to prosecute under any penal law of this state.
Okla. Stat. tit. 78, § 78-102 — OK Code / Title 78 / Section 78-102
Definitions
Status: in_force

As used in this act:

1. “Performing group” means a vocal or instrumental group

seeking to use the name or another group that has previously

released a commercial sound recording under that name;

2. “Recording group” means a vocal or instrumental group at

least one of whose members has previously released a commercial

sound recording under that group’s name and in which the member or

members have a legal right by virtue of use or operation under the

group name without having abandoned the name or affiliation with the

group; and

3. “Sound recording” means a work that results from the

fixation on a material object of a series of musical, spoken or

other sounds regardless of the nature of the material object, such

as a disk, tape or other phono record, in which the sounds are

embodied.
Okla. Stat. tit. 78, § 78-82 — OK Code / Title 78 / Section 78-82
Substitutes and mixtures not to be labeled as honey
Status: in_force

(a) No person shall sell, keep for sale, expose or offer for

sale, any article or product in imitation or semblance of honey

branded as "honey", "liquid or extracted honey", "strained honey" or

"pure honey" which is not pure honey.

(b) No person, firm, association, company or corporation shall

manufacture, sell, expose or offer for sale, any compound or mixture

branded or labeled as and for honey which shall be made up of honey

mixed with any other substance or ingredient.

(c) Whenever honey is mixed with any other substance or

ingredient and the commodity is to be marketed, there shall be

printed on the package containing such compound or mixture a

statement giving the ingredients of which it is made; if honey is

one of such ingredients it shall be so stated in the same size type

as are the other ingredients, but it shall not be sold, exposed for

sale, or offered for sale as honey; nor shall such compound or

mixture be branded or labeled with the word "honey" in any form

other than as herein provided; nor shall any product in semblance of

honey, whether a mixture or not, be sold, exposed or offered for

sale as honey, or branded or labeled with the word "honey", unless

such article is pure honey.
Okla. Stat. tit. 78, § 78-51 — OK Code / Title 78 / Section 78-51
Citation
Status: in_force

This act may be cited as the Oklahoma Deceptive Trade Practices

Act.
Okla. Stat. tit. 78, § 78-81 — OK Code / Title 78 / Section 78-81
Definitions
Status: in_force

The term "honey", "liquid or extracted honey", "strained honey"

or "pure honey" as used in this act, shall mean the nectar of plants

or flowers that has been transformed by, and is the natural product

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 16

of the honeybee, either in the honeycomb or taken from the honeycomb

and marketed in a liquid, candied or granulated condition.
Okla. Stat. tit. 78, § 78-27 — OK Code / Title 78 / Section 78-27
Records
Status: in_force

The Secretary of State shall keep for public examination a

record of all trademarks registered or renewed under this act.
Okla. Stat. tit. 78, § 78-30 — OK Code / Title 78 / Section 78-30
Fraudulent registration
Status: in_force

Any person who shall for himself, or on behalf of any other

person, procure the filing or registration of any trademark in the

office of the Secretary of State under the provisions hereof, by

knowingly making any false or fraudulent representation or

declaration, verbally or in writing, or by any other fraudulent

means, shall be liable to pay all damages sustained in consequence

of such filing or registration, to be recovered by or on behalf of

the party injured thereby in any court of competent jurisdiction.
Okla. Stat. tit. 78, § 78-25 — OK Code / Title 78 / Section 78-25
Duration and renewal
Status: in_force

A. Registration of a trademark pursuant to the provisions of

this title shall be effective for an initial term of ten (10) years

from the date of registration and, upon application filed within six

(6) months prior to the expiration of such term, on a form to be

furnished by the Secretary of State, the registration may be renewed

for successive periods of five (5) years. A renewal fee of Twenty-

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 5

five Dollars ($25.00), payable to the Secretary of State, shall

accompany the application for renewal of the registration.

B. A trademark registration may be renewed for successive

periods of five (5) years in the same manner as the initial renewal.
Okla. Stat. tit. 78, § 78-101 — OK Code / Title 78 / Section 78-101
Short title
Status: in_force

This act shall be known and may be cited as the “Truth in Music

Advertising Act”.
Okla. Stat. tit. 78, § 78-93 — OK Code / Title 78 / Section 78-93
Application and construction of act
Status: in_force

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 20

The Uniform Trade Secrets Act shall be applied and construed to

effectuate its general purpose to make uniform the law with respect

to the subject of this act among states enacting it.
Okla. Stat. tit. 78, § 78-91 — OK Code / Title 78 / Section 78-91
Limitation of actions
Status: in_force

An action for misappropriation must be brought within three (3)

years after the misappropriation is discovered or by the exercise of

reasonable diligence should have been discovered. For the purposes

of this section, a continuing misappropriation constitutes a single

claim.
Okla. Stat. tit. 78, § 78-33 — OK Code / Title 78 / Section 78-33
Common law rights
Status: in_force

Nothing herein shall adversely affect the right or the

enforcement of rights in trademarks acquired in good faith at any

time at common law.
Okla. Stat. tit. 78, § 78-83 — OK Code / Title 78 / Section 78-83
Word "imitation" not to be used
Status: in_force

The word "imitation" shall not be used in the name of a product

which is in semblance of honey whether or not it contains any honey.

The label for a product which is not in semblance of honey and which

contains honey may include the word "honey" in the name of the

product and the relative position of the word "honey" in the product

name, and in the list of ingredients, when required, shall be

determined by its prominence as an ingredient in the product.
Okla. Stat. tit. 78, § 78-54 — OK Code / Title 78 / Section 78-54
Remedies
Status: in_force

A. Any person damaged or likely to be damaged by a deceptive

trade practice of another may maintain an action in any court of

equitable jurisdiction to prevent, restrain or enjoin such deceptive

trade practice. Proof of actual monetary damages, loss of profits

or intent shall not be required. If in such action damages are

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 12

alleged and proved, the plaintiff, in addition to injunctive relief,

shall be entitled to recover from the defendant the actual damages

sustained by the person.

B. With respect to the deceptive trade practices described in

paragraphs 13, 14 and 15 of subsection A of Section 53 of this

title, the Attorney General or a district attorney of this state is

authorized to bring actions seeking the following relief:

1. Injunctions directed against persons engaged in such

deceptive trade practices;

2. Recovery of the money unlawfully received from aggrieved

consumers by persons engaged in the deceptive trade practices to be

held in escrow for distribution to the aggrieved consumers; and

3. Recovery by the state of the reasonable expenses incurred in

the investigation of the deceptive trade practices.

C. In any action instituted under the provisions of the

Oklahoma Deceptive Trade Practices Act, the court may, in its

discretion, award reasonable attorney fees to the prevailing party.

If in any such action the court finds either (1) that the defendant

has willfully engaged in a deceptive trade practice or (2) that the

plaintiff has acted in bad faith in instituting the action, the

court shall award reasonable attorney fees to the prevailing party.

D. The relief provided for in this section is in addition to

and not in exclusion of remedies otherwise available against the

same conduct pursuant to the common law or other statutes of this

state.

E. Any duly organized and existing trade association, whether

incorporated or not, is hereby authorized to institute and prosecute

a suit or suits for injunctive relief hereunder as the real party in

interest, for or on behalf of one or more of its members, when a

deceptive trade practice directly or indirectly affects or threatens

to affect or injure such member or members.
Okla. Stat. tit. 78, § 78-24 — OK Code / Title 78 / Section 78-24
Certificate of registration
Status: in_force

Upon compliance by the applicant with the requirements of this

act, the Secretary of State shall cause a certificate of

registration to be issued and delivered to the applicant. The

certificate of registration shall be issued under the signature of

the Secretary of State and the seal of the state, and it shall show

the class of goods or services and a description of the goods or

services on which the trademark is used, the trademark and its

description, the registration date and the term of the registration.

Any certificate of registration issued by the Secretary of State

under the provisions hereof or a copy thereof duly certified by the

Secretary of State shall be admissible in evidence as competent and

sufficient proof of the registration of such trademark in any action

or judicial proceedings in any court of this state.
Okla. Stat. tit. 78, § 78-22 — OK Code / Title 78 / Section 78-22
Registrability
Status: in_force

A trademark by which the goods or services of any applicant for

registration may be distinguished from the goods of others shall not

be registered if it

(a) consists of or comprises immoral, deceptive or scandalous

matter; or

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 3

(b) consists of or comprises matter which may disparage or

falsely suggest a connection with persons, living or dead,

institutions, beliefs, or national symbols, or bring them into

contempt or disrepute; or

(c) consists of or comprises the flag or coat of arms or other

insignia of the United States, or of any state or municipality, or

of any foreign nation, or any simulation thereof; or

(d) consists of or comprises the name, signature or portrait of

any living individual, except with his written consent; or

(e) consists of a mark which, (1) when applied to the goods or

services of the applicant, is merely descriptive or deceptively

misdescriptive of them, or (2) when applied to the goods or services

of the applicant, is primarily geographically descriptive or

deceptively misdescriptive of them, or (3) is primarily merely a

surname; provided, however, that nothing in this subsection shall

prevent the registration of a mark used in this state by the

applicant which has become distinctive of the applicant's goods or

services. The Secretary of State may accept as evidence that the

mark has become distinctive, as applied to the applicant's goods or

services, proof of continuous use thereof as a mark by the applicant

in this state or elsewhere for the five (5) years next preceding the

date of the filing of the application for registration; or

(f) consists of or comprises a trademark which so resembles a

trademark registered in this state or a trademark previously used in

this state by another and not abandoned, as to be likely when

applied to the goods or services of the applicant, to cause

confusion or mistake or to deceive.
Okla. Stat. tit. 78, § 78-72 — OK Code / Title 78 / Section 78-72
Purpose
Status: in_force

The purpose of the American Indian Arts and Crafts Sales Act of

1974 is to protect the public, under the police powers of the state,

from false representation in the sale of authentic and imitation

American Indian arts and crafts.
Okla. Stat. tit. 78, § 78-29 — OK Code / Title 78 / Section 78-29
Classification
Status: in_force

The following general classes of goods and services are

established for convenience of administration of this act, but not

to limit or extend the applicant's or registrant's rights, and a

single application for registration of a trademark may include any

or all goods upon which or services with which the trademark is

actually being used indicating the appropriate class or classes of

goods or services. When a single application includes goods or

services which fall within multiple classes, the Secretary of State

shall require payment of a fee for each class.

The said classes are as follows:

(a) Goods

1. Raw or partly prepared materials

2. Receptacles

3. Baggage, animal equipments, portfolios, and

pocketbooks

4. Abrasives and polishing materials

5. Adhesives

6. Chemicals and chemical compositions

7. Cordage

8. Smokers' articles, not including tobacco products

9. Explosives, firearms, equipments, and projectiles

10. Fertilizers

11. Inks and inking materials

12. Construction materials

13. Hardware and plumbing and steamfitting supplies

14. Metals and metal castings and forgings

15. Oils and greases

16. Paints and painters' materials

17. Tobacco products

18. Medicines and pharmaceutical preparations

19. Vehicles

20. Linoleum and oiled cloth

21. Electrical apparatus, machines, and supplies

22. Games, toys, and sporting goods

23. Cutlery, machinery, and tools, and parts thereof

24. Laundry appliances and machines

25. Locks and safes

26. Measuring and scientific appliances

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 7

27. Horological instruments

28. Jewelry and precious metalware

29. Brooms, brushes, and dusters

30. Crockery, earthenware, and porcelain

31. Filters and refrigerators

32. Furniture and upholstery

33. Glassware

34. Heating, lighting, and ventilating apparatus

35. Belting, hose, machinery packing, and nonmetallic

tires

36. Musical instruments and supplies

37. Paper and stationery

38. Prints and publications

39. Clothing

40. Fancy goods, furnishings, and notions

41. Canes, parasols, and umbrellas

42. Knitted, netted and textile fabrics, and substitutes

therefor

43. Thread and yarn

44. Dental, medical, and surgical appliances

45. Soft drinks and carbonated waters

46. Foods and ingredients of foods

47. Merchandise not otherwise classified

48. Cosmetics and toilet preparations

49. Detergents and soaps

(b) Services

100. Miscellaneous

101. Advertising and business

102. Insurance and financial

103. Construction and repair

104. Communication

105. Transportation and storage

106. Material treatment

107. Education and entertainment.
Okla. Stat. tit. 78, § 78-87 — OK Code / Title 78 / Section 78-87
Injunctions - Court orders
Status: in_force

A. Actual or threatened misappropriation may be enjoined. Upon

application to the court, an injunction shall be terminated when the

trade secret has ceased to exist, but the injunction may be

continued for an additional reasonable period of time in order to

eliminate commercial advantage that otherwise would be derived from

the misappropriation.

B. In exceptional circumstances, an injunction may condition

future use upon payment of a reasonable royalty for no longer than

the period of time for which use could have been prohibited.

Exceptional circumstances include, but are not limited to, a

material and prejudicial change of position prior to acquiring

knowledge or reason to know of a misappropriation that renders a

prohibitive injunction inequitable.

C. In appropriate circumstances, affirmative acts to protect a

trade secret may be compelled by court order.
Okla. Stat. tit. 78, § 78-89 — OK Code / Title 78 / Section 78-89
Attorney's fees
Status: in_force

The court may award reasonable attorney's fees to the prevailing

party if:

1. A claim of misappropriation is made in bad faith; or

2. A motion to terminate an injunction is made or resisted in

bad faith; or

3. Willful and malicious misappropriation exists.
Okla. Stat. tit. 78, § 78-85 — OK Code / Title 78 / Section 78-85
Short title
Status: in_force

Sections 1 through 11 of this act shall be known and may be

cited as the "Uniform Trade Secrets Act".
Okla. Stat. tit. 78, § 78-90 — OK Code / Title 78 / Section 78-90
Means of preserving trade secrets
Status: in_force

In an action brought pursuant to the provisions of the Uniform

Trade Secrets Act, a court shall preserve the secrecy of an alleged

trade secret by reasonable means, which may include granting

protective orders in connection with discovery proceedings pursuant

to the provisions of Section 3203 of Title 12 of the Oklahoma

Statutes, holding in-camera hearings, sealing the records of the

action, and ordering any person involved in the litigation not to

disclose an alleged trade secret without prior court approval.
Okla. Stat. tit. 78, § 78-73 — OK Code / Title 78 / Section 78-73
Definitions
Status: in_force

As used in the American Indian Arts and Crafts Sales Act of

1974, unless the context otherwise requires, the following terms or

phrases shall have the following meanings:

1. "American Indian tribe" means any Indian tribe federally

recognized by the Bureau of Indian Affairs of the United States

Department of the Interior;

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 15

2. "American Indian" means a person who is a citizen or is an

enrolled member of an American Indian tribe;

3. "Imitation American Indian arts and crafts" means any basic

article purporting to be of American Indian style, make, origin or

design which is not made by American Indian labor and workmanship;

4. "Authentic American Indian arts and crafts" means any

article of American Indian style, make, origin or design which is

made wholly or in part by American Indian labor and workmanship to

include, but not be limited to, any Kachina doll, rosette, necklace,

choker, barrette, hair tie, medallion, pin, pendant, bolo tie, belt,

belt buckle, cuff links, tie clasp, tie bar, ring, earring, purse,

blanket, shawl, moccasin, drum, pottery or any visual or performing

arts or literature which is not an imitation American Indian art or

craft; and

5. "Merchant" means any person engaged in the sale to the

public of imitation American Indian arts and crafts or authentic

American Indian arts and crafts.
Okla. Stat. tit. 78, § 78-83.1 — OK Code / Title 78 / Section 78-83.1
Imported honey - Labeling - Exemptions
Status: in_force

No person shall sell, keep for sale, or expose or offer for

sale, any honey as defined by Section 81 of this title which

originates from a country other than the United States of America,

unless there is printed on the package containing such honey a

statement specifying the country from which the honey originated.

Any honey imported into this state in violation of the provisions of

this section shall be subject to confiscation by the State

Department of Health. Except as otherwise provided by federal law

inventories of honey imported into this state prior to November 1,

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 17

1984, from any country other than the United States of America shall

not be required to comply with the provisions of this section.
Okla. Stat. tit. 78, § 78-71 — OK Code / Title 78 / Section 78-71
Short title
Status: in_force

This act shall be known and may be cited as the "American Indian

Arts and Crafts Sales Act of 1974".
Okla. Stat. tit. 78, § 78-75 — OK Code / Title 78 / Section 78-75
Penalties
Status: in_force

Any merchant who knowingly and willfully tags or labels any

article as being an American Indian art or craft when it does not

meet the specifications of the American Indian Arts and Crafts Sales

Act of 1974 shall be guilty of violating the provisions of the Act

and shall be punished by a fine of not less than Twenty-five Dollars

($25.00) nor more than Two Hundred Dollars ($200.00), or by

imprisonment for not less than thirty (30) days nor more than ninety

(90) days, or by both such fine and imprisonment.
Okla. Stat. tit. 78, § 78-92 — OK Code / Title 78 / Section 78-92
Operation and effect of act - Exemptions
Status: in_force

A. Except as provided for in subsection B of this section, the

Uniform Trade Secrets Act displaces conflicting tort,

restitutionary, and other law of this state providing civil remedies

for misappropriation of a trade secret.

B. The Uniform Trade Secrets Act does not affect:

1. contractual remedies, whether or not based upon

misappropriation of a trade secret; or

2. other civil remedies that are not based upon

misappropriation of a trade secret; or

3. criminal remedies, whether or not based upon

misappropriation of a trade secret.
Okla. Stat. tit. 78, § 78-26 — OK Code / Title 78 / Section 78-26
Assignment
Status: in_force

Any trademark and its registration shall be assignable with the

good will of the business in which the trademark is used, or with

that part of the good will of the business connected with the use of

and symbolized by the trademark. Assignment shall be by instruments

in writing duly executed and may be recorded with the Secretary of

State upon the payment of a fee of Twenty-five Dollars ($25.00),

payable to the Secretary of State who, upon recording of the

assignment, shall issue in the name of the assignee a new

certificate for the remainder of the term of the registration or of

the last renewal thereof. An assignment of any registration

pursuant to the provisions of this title shall be void as against

any subsequent purchaser for valuable consideration without notice

unless it is recorded with the Secretary of State within three (3)

months after the date of the assignment or prior to such subsequent

purchase.
Okla. Stat. tit. 78, § 78-52 — OK Code / Title 78 / Section 78-52
Definitions
Status: in_force

As used in this act, unless the context otherwise requires:

1. "Article" means a product as distinguished from a trademark,

label, or distinctive dress in packaging;

2. "Certification mark" means a mark used in connection with

the goods or services of a person other than the certifier to

indicate geographic origin, material, mode of manufacture, quality,

accuracy or other characteristics of the goods or services or to

indicate that the work or labor on the goods or services was

performed by members of a union or other organization;

3. "Collective mark" means a mark used by members of a

cooperative, association, or other collective group or organization

to identify goods or services and distinguish them from those of

others, or to indicate membership in the collective group or

organization;

4. "Directory assistance" means the disclosure of telephone

number information in connection with an identified telephone

service subscriber by means of a live operator or automated service;

5. "Local telephone directory" means a telephone classified

advertising directory or the business section of a telephone

directory that is distributed by a telephone company or directory

publisher to subscribers located in the local exchanges contained in

the directory. The term includes a directory that includes listings

of more than one telephone company;

6. "Local telephone number" means a telephone number that has

the three-number prefix used by the provider of telephone service

for telephones physically located within the area covered by the

local telephone directory in which the number is listed. The term

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 10

also includes 800, 888, other toll free exchange numbers, and 900

exchange numbers listed in a local telephone directory;

7. "Mark" means a word, name, symbol, device, or any

combination of the foregoing in any form or arrangement;

8. "Person" means an individual, corporation, business trust,

estate, trust, partnership, unincorporated association, two or more

of any of the foregoing having a joint or common interest, or any

other legal or commercial entity;

9. "Service mark" means a mark used by a person to identify

services and to distinguish them from the services of others;

10. "Trademark" means a mark used by a person to identify goods

and to distinguish them from the goods of others;

11. "Trade name" means a word, name, symbol, device, or any

combination of the foregoing in any form of arrangement used by a

person to identify his business, vocation, or occupation and to

distinguish it from the business, vocation, or occupation of others.
Okla. Stat. tit. 78, § 78-74 — OK Code / Title 78 / Section 78-74
Sale of imitation American Indian arts and crafts as being
Status: in_force

authentic prohibited.

It is unlawful to distribute, trade, sell or offer for sale or

trade within this state any article represented as being made by

American Indians unless the article actually is made or assembled by

American Indian labor or workmanship. All articles purporting to be

of silver shall be made of coin or sterling silver.
Okla. Stat. tit. 78, § 78-28 — OK Code / Title 78 / Section 78-28
Cancellation
Status: in_force

A. The Secretary of State shall cancel from the register:

1. After one (1) year from the effective date of this act, all

registrations under prior acts which are more than ten (10) years

old and not renewed in accordance with this act;

2. Any registration concerning which the Secretary of State

shall receive a voluntary request for cancellation thereof from the

registrant or the assignee of record;

3. All registrations granted under this act and not renewed in

accordance with the provisions hereof;

4. Any registration concerning which a court of competent

jurisdiction shall find:

a. that the registered trademark has been abandoned,

b. that the registrant is not the owner of the trademark,

c. that the registration was granted improperly,

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 6

d. that the registration was obtained fraudulently;

5. When a court of competent jurisdiction shall order

cancellation of a registration on any ground.

B. At the time of filing a cancellation, a fee in the amount of

Twenty-five Dollars ($25.00) shall be paid to the Secretary of

State.
Okla. Stat. tit. 78, § 78-21 — OK Code / Title 78 / Section 78-21
Definitions
Status: in_force

(A) The term "trademark" as used herein means any word, name,

symbol, emblem, or device or any combination thereof adopted and

used by a person to identify goods made or sold or services rendered

by him and to distinguish them from goods made or sold or services

rendered by others.

(B) The term "person" as used herein means any individual, firm,

partnership, corporation, association, union or other organization.

(C) The term "applicant" as used herein embraces the person

filing an application for registration of a trademark under this

act, his legal representatives, successors or assigns.

(D) The term "registrant" as used herein embraces the person to

whom the registration of a trademark under this act is issued, his

legal representatives, successors or assigns.

(E) For the purposes of this act, a trademark shall be deemed to

be "used" in this state (1) when it is placed in any manner on the

goods or their containers or on the tags or labels affixed thereto

and such goods are sold or otherwise distributed in this state, or

(2) when it is used in any manner in connection with the sale or

advertising of services in this state.

(F) The term "emblem" as referred to in section (A) shall be

deemed any badge, motto, button, decoration, charm, rosette or such

other insignia.
Okla. Stat. tit. 78, § 78-31 — OK Code / Title 78 / Section 78-31
Infringement
Status: in_force

Subject to the provisions of Section 13 hereof, any person who

shall

(a) use, without the consent of the registrant, any

reproduction, counterfeit, copy, or colorable imitation of a

trademark registered under this act in connection with the sale,

offering for sale, or advertising of any goods on or in connection

with which such use is likely to cause confusion or mistake or to

deceive as to the source of origin of such goods; or

(b) reproduce, counterfeit, copy or colorably imitate any such

trademark and apply such reproduction, counterfeit, copy or

colorable imitation to labels, signs, prints, packages, wrappers,

receptacles, or advertisements intended to be used upon or in

conjunction with the sale or other distribution in this state of

such goods or services, shall be liable to a civil action by the

owner of such registered trademark for any or all of the remedies

provided in Section 12 hereof, except that under subsection (b)

hereof the registrant shall not be entitled to recover profits or

damages unless the acts have been committed with knowledge that such

trademark is intended to be used to cause confusion or mistake or to

deceive.
Okla. Stat. tit. 78, § 78-84 — OK Code / Title 78 / Section 78-84
Penalty
Status: in_force

Any person violating the provisions of this section shall be

guilty of a misdemeanor and upon conviction thereof shall be

punished as and for a misdemeanor.
Okla. Stat. tit. 78, § 78-104 — OK Code / Title 78 / Section 78-104
Injunctions
Status: in_force

A. Whenever the Attorney General or a district attorney has

reason to believe that any person is advertising or conducting or is

about to advertise or conduct a live musical performance or

production in violation of Section 3 of this act and that

proceedings would be in the public interest, the Attorney General or

district attorney may bring an action in the name of the state

against the person to restrain by temporary or permanent injunction

that practice.

B. Whenever any court issues a permanent injunction to restrain

and prevent violations of this act as authorized in subsection A of

this section, the court may in its discretion direct that the

defendant restore to any person in interest any monies or property,

real or personal, which may have been acquired by means of any

violation of this act, under terms and conditions to be established

by the court.
Okla. Stat. tit. 78, § 78-105 — OK Code / Title 78 / Section 78-105
Civil penalty
Status: in_force

A person who violates Section 3 of this act shall be liable to

the State of Oklahoma for a civil penalty of not less than Five

Thousand Dollars ($5,000.00) nor more than Fifteen Thousand Dollars

($15,000.00) per violation, which civil penalty shall be in addition

to any other relief which may be granted under Section 4 of this

act. Each performance or production declared unlawful by Section 3

of this act shall constitute a separate violation.
Okla. Stat. tit. 78, § 78-23 — OK Code / Title 78 / Section 78-23
Application for registration
Status: in_force

A. Subject to the limitations set forth in this title, any

person who adopts and uses a trademark in this state may file in the

Office of the Secretary of State, on a form to be furnished by the

Secretary of State, an application for registration of that

trademark setting forth, but not limited to, the following

information:

1. The name and business address of the person applying for the

registration, and, if a corporation, the state of incorporation;

2. The goods or services in connection with which the mark is

used and the mode or manner in which the mark is used in connection

with the goods or services and the class in which the goods or

services are categorized;

3. The date when the trademark was first used anywhere and the

date when it was first used in this state by the applicant or the

predecessor in business; and

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 4

4. A statement that the applicant is the owner of the trademark

and that no other person has the right to use such trademark in this

state either in the identical form thereof or in such near

resemblance thereto as might be calculated to deceive or to be

mistaken therefor.

B. The application shall be signed by the applicant or by a

member of the firm or an officer of the corporation or association

applying.

C. The application shall be accompanied by a specimen or

facsimile of such trademark, which shall be in a form compatible

with electronic scanning.

D. The application for registration shall be accompanied by a

filing fee of Fifty Dollars ($50.00), payable to the Secretary of

State.

E. Any signature on any instrument authorized to be filed with

the Secretary of State under this act may be a facsimile.
Okla. Stat. tit. 78, § 78-94 — OK Code / Title 78 / Section 78-94
Exemptions
Status: in_force

The Uniform Trade Secrets Act shall not be construed to apply:

1. to a misappropriation occurring prior to the effective date

of this act; or

2. with respect to a continuing misappropriation that began

prior to the effective date of this act, to the continuing

misappropriation that occurs after the effective date of this act.
Okla. Stat. tit. 78, § 78-86 — OK Code / Title 78 / Section 78-86
Definitions
Status: in_force

As used in the Uniform Trade Secrets Act, unless the context

requires otherwise:

1. "Improper means" includes theft, bribery, misrepresentation,

breach or inducement of a breach of a duty to maintain secrecy, or

espionage through electronic or other means.

2. "Misappropriation" means:

a. acquisition of a trade secret of another by a person

who knows or has reason to know that the trade secret

was acquired by improper means; or

b. disclosure or use of a trade secret of another without

express or implied consent by a person who:

(1) used improper means to acquire knowledge of the

trade secret; or

(2) at the time of disclosure or use, knew or had

reason to know that his knowledge of the trade

secret was:

(a) derived from or through a person who had

utilized improper means to acquire it; or

(b) acquired under circumstances giving rise to

a duty to maintain its secrecy or limit its

use; or

(c) derived from or through a person who owed a

duty to the person seeking relief to

maintain its secrecy or limit its use; or

(3) before a material change of his position, knew or

had reason to know that it was a trade secret and that

knowledge of it had been acquired by accident or

mistake.

3. "Person" means a natural person, corporation, business

trust, estate, trust, partnership, association, joint venture,

Oklahoma Statutes - Title 78. Trade Marks and Labels Page 18

government, governmental subdivision or agency, or any other legal

or commercial entity.

4. "Trade secret" means information, including a formula,

pattern, compilation, program, device, method, technique or process,

that:

a. derives independent economic value, actual or

potential, from not being generally known to, and not

being readily ascertainable by proper means by, other

persons who can obtain economic value from its

disclosure or use, and

b. is the subject of efforts that are reasonable under

the circumstances to maintain its secrecy.