reglab/housing_qa huggingface dataset:
OR Rev Stat § 646A.808 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 646A - Trade Regulation|Section 646A.808 - Obtaining personal information by false representation via electronic media.

(1) As used in this section, "personal information" has the meaning given that term in ORS 646A.602. (2)(a) A person may not use a website, electronic mail message, text message or other electronic means to solicit, request or otherwise induce another person to provide personal information by representing to the other person directly, indirectly or by implication that the person is a third person, without the third person’s knowledge, authorization and consent. (b) Paragraph (a) of this subsection does not apply to: (A) A law enforcement officer or law enforcement agency that is engaged in performing the officer’s or agency’s official duties; or (B) An individual who is authorized by law to conduct a lawful investigation, while the individual is conducting the lawful investigation. (3) Violation of subsection (2) of this section is an unlawful trade practice under ORS 646.607 that is subject to enforcement under ORS 646.632. [2015 c.128 §1]
OR Rev Stat § 647.005 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.005 - Definitions.

As used in this chapter: (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, regardless of the presence or absence of competition between the owner of the famous mark and another party, actual or likely confusion, mistake, deception or actual economic injury, if the association: (a) Impairs the distinctiveness of the famous mark, an association commonly known as dilution by blurring; or (b) Harms the reputation of the famous mark, an association commonly known as dilution by tarnishment. (3) "Mark" means a trademark or service mark entitled to registration under this chapter whether registered or not. (4) "Person" means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court. (5) "Registrant" means a person to whom the registration of a mark is issued under this chapter, and the person’s legal representatives, successors or assigns. (6) "Retail value" means: (a) For items that bear a counterfeit mark and are components of a finished product, the regular selling price of the finished product in which the component would be utilized. (b) For items that bear a counterfeit mark other than items described in paragraph (a) of this subsection and for services that are identified by a counterfeit mark, the regular selling price of the item or service. (7) "Service mark" means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person’s services, including a unique service, from another person’s services and to indicate the source of the services, even if the source is unknown. (8) "Trademark" means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person’s goods, including a unique product, from another person’s goods and to indicate the source of the goods, even if the source is unknown. (9) "Trade name" means a name that a person uses to identify the person’s business or vocation. (10)(a) "Use" means a bona fide use of a mark as described in ORS 647.017 in the ordinary course of trade. (b) "Use" does not include a use of a mark made merely to reserve a right in a mark. [1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722 §7; 2009 c.459 §1]
OR Rev Stat § 647.009 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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]
OR Rev Stat § 647.015 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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: (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 of the general partners. If the person is a limited liability company, the application must list the state in which the limited liability company was formed. (b) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with the goods or services and the class into which the goods or services fall. (c) The date when the mark was first used anywhere and the date when the applicant or a predecessor in interest first used the mark in this state. (d) A statement that: (A) The applicant owns the mark; (B) The mark is in use; and (C) To the knowledge of the person that is verifying the application, no other person has registered the mark with the federal government or in this state or has the right to use the mark or a mark that so resembles the mark as to be likely to cause confusion or mistake or to deceive when applied to the goods or services of the other person. (2) As part of the application, the Secretary of State may require the applicant to: (a) State whether the applicant or a predecessor in interest has filed an application to register the mark or portions or a composite of the mark with the United States Patent and Trademark Office and, if so, provide: (A) The filing date and serial number of each application filed in connection with the mark; (B) The status of the application; and (C) The reasons why the mark was finally refused registration or an application did not otherwise result in a registration, if the mark was refused registration or the application did not result in a registration. (b) Provide a drawing of the mark that complies with the Secretary of State’s requirements. (3) The applicant, a member of the firm applying or an officer of the corporation, limited liability company or association applying to register the mark shall sign and verify the application by oath, affirmation or declaration under penalty of perjury. (4) The applicant as part of the application shall submit one specimen of the mark as actually used. [1961 c.497 §3; 1965 c.511 §2; 1971 c.318 §2; 1985 c.728 §84; 1991 c.132 §20; 2009 c.459 §5]
OR Rev Stat § 647.017 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.017 - When mark is in use; abandonment of mark.

(1) For purposes of this chapter, a mark is in use: (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 goods, if the nature of the goods makes placing the mark on the items identified in subparagraph (A) of this paragraph impractical. (b) On services that are rendered in this state when the mark is used or displayed in selling or advertising the services. (2) A mark is abandoned if either of the following occurs: (a) Use of the mark has been discontinued with intent not to resume the use. Intent not to resume use may be inferred from circumstances. Nonuse for two consecutive years is prima facie evidence of abandonment. (b) A course of conduct of the owner, including a failure to act, causes the mark to lose significance as a mark. (3) A title, character name that a person uses and other distinctive features of a radio or television program may be registered as a service mark notwithstanding that the title, name or feature or the program may advertise the goods of the sponsor. [2009 c.459 §3]
OR Rev Stat § 647.024 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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. (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 c.728 §84b (enacted in lieu of 647.025); 2009 c.459 §6]
OR Rev Stat § 647.035 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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: (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 United States, a state or municipality or a foreign nation or a simulation of the flag, coat of arms or insignia; (d) The name or signature of or a portrait that identifies a particular living individual, unless the individual has given written consent; or (e) A mark that so resembles a mark registered in this state, or a mark or trade name previously used and not abandoned by another person, as to be likely to cause confusion or mistake or to deceive when used on or in connection with the applicant’s goods or services. (2)(a) A mark may not be registered if the mark is: (A) Merely descriptive or deceptively misdescriptive of the applicant’s goods or services; (B) Primarily geographically descriptive or deceptively misdescriptive of the applicant’s goods or services; or (C) Primarily merely a surname. (b) The provisions of paragraph (a) of this subsection do not prevent the Secretary of State from registering a mark used by the applicant that has become distinctive of the applicant’s goods or services. The Secretary of State may accept as evidence that the mark has become distinctive, when used on or in connection with the applicant’s goods or services, proof that the applicant has used the mark continuously in this state for five years before the date on which the applicant made the claim that the mark has become distinctive of the applicant’s goods or services. [1961 c.497 §2; 1965 c.511 §4; 1971 c.318 §3; 1985 c.728 §85; 2005 c.22 §450; 2009 c.459 §8]
OR Rev Stat § 647.045 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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." (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 partnership is organized and the names of the general partners. If the registrant is a limited liability company, the certificate must show the state in which the limited liability company was formed. (b) The date the applicant claimed as the first use of the mark anywhere and the date claimed as the first use of the mark in this state. (c) The class and description of the goods or services on or in connection with which the mark is used. (d) A reproduction of the mark. (e) The registration date and the term of registration. (3) A certificate of registration issued by the Secretary of State under this chapter, or a copy of the certificate duly certified by the Secretary of State, is competent and sufficient proof of the registration of the mark in an action or proceeding brought in a court in this state. [1961 c.497 §4; 1965 c.511 §5; 1971 c.318 §4; 1985 c.728 §86; 2009 c.459 §9]
OR Rev Stat § 647.055 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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: (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 (c) Includes with the application a specimen showing actual use of the mark. (2) A registration that is effective on June 23, 2009, shall remain in effect for the remainder of the term of registration. The registration may be renewed as provided in subsection (1) of this section. (3) The Secretary of State, before the term of registration expires, shall notify the registrant in writing at the mailing address shown for the registrant in the current records of the Secretary of State that the registrant must renew the registration. [1961 c.497 §§5,7; 1965 c.511 §6; 1971 c.318 §5; 1981 c.633 §72; 1985 c.728 §86a; 1989 c.931 §2; 1991 c.132 §21; 2009 c.459 §10]
OR Rev Stat § 647.065 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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. (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 effective for the remainder of the term of registration. (3) An assignment of registration under this section is void as against a subsequent purchaser that purchases the registration for valuable consideration and without notice of the assignment unless the assignment is submitted to the Secretary of State of State for filing within 90 days after the assignment or before the subsequent purchase, whichever is later. (4) A registrant or applicant for registration may submit for filing with the Secretary of State a change of name for the registration or the application. The Secretary of State may issue a certificate of registration for an assigned application in the assignee’s name or may issue a certificate of registration in the assignee’s name for the remainder of the term of registration. (5) The Secretary of State, at the Secretary of State’s sole discretion, may receive for filing other signed written instruments related to a mark that is registered or an application that is pending, such as licenses, security interests or mortgages. (6) Acknowledgment is prima facie evidence of the execution of an assignment or other instrument. If the Secretary of State accepts an instrument for filing, the Secretary of State’s record is prima facie evidence of the execution. (7) The Secretary of State may accept for filing a photocopy of an instrument if a party to the instrument or a successor to the party certifies that the photocopy is a true and correct copy of the original instrument. (8) The Secretary of State shall keep for public examination a record of all marks registered or renewed under this chapter and all documents submitted for filing under this section. [1961 c.497 §6; 1965 c.511 §7; 1971 c.318 §6; 1985 c.351 §25; 1985 c.728 §87a; 2005 c.22 §451; 2009 c.459 §11]
OR Rev Stat § 647.075 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.075 - Cancellation of registrations.

(1) The Secretary of State shall cancel a registration for a mark or part of a registration if: (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 cancellation of the registration or makes any of the following findings: (A) The registered mark has been abandoned. (B) The registrant is not the owner of the mark. (C) The registration was granted improperly. (D) The registration was obtained fraudulently. (E) The registered mark is the generic name for the goods or services or a portion of the goods or services for which the mark has been registered. (F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark’s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015. (2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court’s finding under subsection (1)(c)(F) of this section. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88; 2009 c.459 §12]
OR Rev Stat § 647.077 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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]
OR Rev Stat § 647.085 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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. (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; 1965 c.511 §9; 1971 c.318 §8; 1981 c.633 §73a; 2009 c.459 §13]
OR Rev Stat § 647.095 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 647.095 - Prohibited acts; liability.

(1) A person may not: (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 mistake or to deceive as to the origin of the goods or services; or (b) Apply a mark described in paragraph (a) of this subsection to a label, sign, print, package, wrapper, receptacle or advertisement intended for use in connection with the sale or distribution of goods or services within this state. (2) A person that acts as described in subsection (1) of this section is liable for the remedies provided in ORS 647.105 in a civil action brought by the registrant, except that the registrant may not recover profits or damages from the person unless the person acted as described in subsection (1)(b) of this section with the intent to cause confusion or mistake or to deceive. [1961 c.497 §11; 1965 c.511 §10; 1985 c.566 §1; 2009 c.459 §14]
OR Rev Stat § 647.105 (2021)
2021 Oregon Revised Statutes|Volume : 16 - Trade Practices, Labor and Employment|Chapter 647 - Trademarks and Service Marks; Music Royalties|Section 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: (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) Order counterfeits or imitations in the defendant’s possession or under the defendant’s control to be delivered to an officer of the court or the owner to be destroyed. (2) If the court finds that the defendant acted in bad faith, with knowledge or otherwise according to the circumstances of the case, the court in the court’s discretion may enter a judgment in an amount not to exceed three times the sum of the defendant’s profits and the owner’s damages and reasonable attorney fees. If the court finds that the plaintiff acted in bad faith, vexatiously, wantonly or for oppressive reasons, the court in the court’s discretion may award reasonable attorney fees to the defendant. [1961 c.497 §12; 1965 c.511 §11; 1985 c.566 §2; 2009 c.459 §15]