reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.801 - Termination of residential cable service or residential telecommunications service for certain persons.

(1) As used in this section:
(a) "Hospice program" has the meaning given that term in ORS 443.850.
(b) "Personal representative" has the meaning given that term in ORS 111.005.
(c) "Residential cable service" means the transmission of any communication to a residential customer of the service for the purpose of delivering video content to the customer.
(d) "Residential telecommunications service" means the transmission of any communication between a residential customer of the service and any other individual through the use of a communication system established and maintained by a radio common carrier or a telecommunications utility, both as defined in ORS 759.005.
(2) An individual in a hospice program, or the next of kin or personal representative of an individual who has died, may terminate, without penalty, a residential cable service or a residential telecommunications service provided pursuant to an existing contract.
(3) For purposes described in subsection (2) of this section, a provider of a residential cable service or a residential telecommunications service may require an individual in a hospice program or the next of kin or personal representative of an individual who has died to submit a document establishing that the individual is in a hospice program or has died.
(4) A termination of service under subsection (2) of this section is effective on the date on which the provider of the service first receives notice that the individual is in a hospice program or has died.
(5) The Oregon Health Authority may impose a civil penalty, not to exceed $1,000, for violation of this section. Civil penalties imposed under this section shall be imposed in the manner provided by ORS 183.745. All moneys recovered under this section shall be paid into the State Treasury and credited to the General Fund.
(6) The authority may adopt rules to carry out the provisions of this section. [2015 c.181 §2; 2017 c.17 §49]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.806 - Website with photographs and information about arrested persons; requirement to remove photographs and information upon request; penalty.

(1) A person shall comply with subsection (2) of this section if the person:
(a) Operates a website that disseminates photographic records of arrested individuals made by law enforcement agencies pursuant to ORS 181A.160 or otherwise as part of routinely documenting an arrest; and
(b) Charges a fee for the removal from the website of a photograph referred to in paragraph (a) of this subsection and the name and personal information of the individual associated with the photograph.
(2) A person described in subsection (1) of this section shall remove the photograph and related name and personal information from all websites owned or controlled by the person without charging a fee within 30 days of the date of a request to remove the photograph if the request:
(a) Is made in writing; and
(b) Contains written documentation that all charges stemming from the arrest for which the photograph was made:
(A) Were resolved through acquittal or otherwise without a conviction;
(B) Were reduced to violations; or
(C) Following conviction, were expunged or set aside pursuant to court order.
(3) For purposes of this section, paper or electronic copies of official court records or law enforcement records constitute written documentation.
(4) A person who violates subsection (2) of this section commits an unlawful practice under ORS 646.608. [2013 c.330 §1]
2023 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.820 - Definitions.

As used in ORS 646A.820 to 646A.838:
(1) "Customer" means a person that purchases or leases portable electronics.
(2) "Enrolled customer" means a customer that purchases portable electronics insurance coverage from a vendor policyholder.
(3) "Insurer" means an insurer as defined in ORS 731.106 that issues, sells or offers for sale policies of portable electronics insurance to vendor policyholders.
(4) "Limited license" means a license that authorizes a vendor to issue, sell or offer for sale portable electronics insurance coverage.
(5) "Location" means a physical location in this state or a website, call center site or similar electronic or telephonic location where portable electronics may be purchased or leased.
(6) "Person" means an individual, partnership, corporation, incorporated or unincorporated association, joint stock company or any similar entity or combination of entities acting in concert.
(7) "Portable electronics" means an electronics device that is portable and includes accessories and services, including but not limited to wireless services, related to use of the device.
(8)(a) "Portable electronics insurance coverage" means insurance that provides coverage for the repair or replacement of portable electronics in the event of loss, theft, inoperability due to mechanical failure, malfunction, damage or need for repair or replacement as a result of some other covered source of peril.
(b) "Portable electronics insurance coverage" does not include:
(A) A service contract as defined in ORS 646A.152 that is governed by ORS 646A.150 to 646A.172;
(B) A warranty;
(C) A maintenance agreement as defined in ORS 646A.152; or
(D) A policy of insurance covering the obligations of a vendor or of a portable electronics manufacturer under a warranty.
(9) "Supervising entity" means an insurer as defined in ORS 731.106, or an insurance producer as defined in ORS 731.104, that may or may not issue, sell or offer for sale policies of portable electronics insurance to vendor policyholders.
(10) "Vendor" means a person engaged in the business of selling or leasing or offering for sale or lease portable electronics.
(11) "Vendor policyholder" means a vendor that holds a limited license under ORS 646A.823 and that has been issued a policy by an insurer or a supervising entity pursuant to which the vendor may issue, sell or offer for sale portable electronics insurance coverage to customers. [Formerly 646A.575]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.823 - Limited license required; application; fee; renewal; prohibited representations.

(1) A vendor may not issue, sell or offer for sale portable electronics insurance coverage unless the vendor has been issued a limited license by the Department of Consumer and Business Services under this section.
(2)(a) An application for a limited license under this section must be submitted on a form in accordance with paragraph (b) of this subsection and accompanied by a fee as prescribed by the department by rule.
(b) The application must, at a minimum, include:
(A) The name and street address of an employee, agent or authorized representative of the vendor who is the person designated by the vendor as being responsible for the vendor’s compliance with ORS 646A.820 to 646A.838; and
(B) The name and address in this state of a person designated by the vendor as the vendor’s agent upon whom may be served, in the manner described in ORS 59.155, at any time any process, notice or demand in a civil proceeding brought in connection with portable electronics insurance coverage, including a proceeding brought by the Director of the Department of Consumer and Business Services.
(c) A vendor licensed under this section shall annually update the contact information provided to the department under paragraph (b) of this subsection.
(3)(a) A limited license issued under this section is valid for two years unless suspended or revoked by the department.
(b) A limited license may be renewed upon expiration for another two-year period upon application of the vendor and payment of a fee as prescribed by the department by rule.
(4) A vendor licensed under this section may not advertise, represent or otherwise hold itself out as being licensed to sell any other type of insurance unless the vendor is actually licensed under the laws of this state to sell the other type of insurance. [Formerly 646A.577]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.826 - Cost of coverage; billing requirements; remission to insurer or supervising entity; funds held in trust; compensation.

(1) A vendor policyholder may bill and collect the cost of portable electronics insurance coverage purchased by an enrolled customer. Any charge to the enrolled customer for coverage that is not included in the cost to the enrolled customer to purchase or lease portable electronics must be separately itemized in writing. If the coverage is included with the purchase or lease of portable electronics, whether or not the coverage is included in the cost to the enrolled customer of the purchase or lease of the portable electronics, the vendor policyholder shall clearly and conspicuously disclose in writing to the enrolled customer that the coverage is included with the purchase or lease of the portable electronics.
(2) If authorized by an insurer or a supervising entity, a vendor policyholder that bills and collects the cost of portable electronics insurance coverage from an enrolled customer is not required to deposit the amount paid in a segregated account but shall remit the amount collected to the insurer or the supervising entity within 60 days of receipt from the enrolled customer.
(3) Moneys collected by a vendor policyholder from an enrolled customer for the cost of portable electronics insurance coverage are funds held by the vendor policyholder in trust for the benefit of the insurer or the supervising entity.
(4) A vendor policyholder may receive compensation from an insurer or a supervising entity for billing and collecting the cost of portable electronics insurance coverage purchased by enrolled customers.
(5) Vendor policyholders, insurers and supervising entities are not subject to ORS 744.083 and 744.084. [Formerly 646A.580]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.829 - Written disclosure requirements.

A vendor policyholder shall make available to prospective customers of portable electronics written materials that disclose:
(1) That portable electronics insurance coverage may duplicate coverage already held by the customer, including but not limited to homeowner’s insurance or renter’s insurance;
(2) That issuance of portable electronics insurance coverage is not required for the customer to purchase or lease portable electronics;
(3) The material terms of coverage, including but not limited to:
(a) The identity of and contact information for the insurer or the supervising entity that issued the insurance policy to the vendor policyholder;
(b) The amount of any applicable deductible and how the deductible is required to be paid when a claim is made;
(c) The benefits of coverage; and
(d) Whether the covered portable electronics will be repaired or replaced with a similar make and model, with a new or reconditioned device, accessory or part, or with a device, accessory or part from other than the original manufacturer;
(4) The process and requirements for returning portable electronics, and any fees that will apply in the event the enrolled customer does not comply with the process and requirements; and
(5) That the enrolled customer may cancel the portable electronics insurance coverage at any time and that the person paying the premium shall receive a refund of the unused portion of any amount that has been paid for coverage. A reasonable administrative fee may be charged in an amount not to exceed 10 percent of the refund due. [Formerly 646A.582]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.832 - Exceptions to license requirement; prohibited representations; acts of employees.

(1) An employee, agent or authorized representative of a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage to a customer without obtaining a limited license under ORS 646A.823 if:
(a) The vendor policyholder has been issued a limited license under ORS 646A.823; and
(b) The insurer or the supervising entity that issued a policy of portable electronics insurance to the vendor policyholder develops a training program for employees, agents and authorized representatives of the vendor policyholder that:
(A) Is completed by employees, agents and authorized representatives of the vendor policyholder who are directly engaged in the issuing, selling or offering for sale of portable electronics insurance coverage to customers;
(B) Includes basic instruction about portable electronics insurance coverage and the disclosures required under ORS 646A.829; and
(C) If delivered electronically, includes a supplementary education program that is conducted and overseen by employees of the insurer or the supervising entity.
(2) An employee, agent or authorized representative of a vendor policyholder who is authorized to issue, sell or offer for sale portable electronics insurance coverage under this section may not advertise, represent or otherwise hold themselves out as holding a limited license under ORS 646A.823 or being a licensed insurer or insurance producer as those terms are defined in ORS 731.104 and 731.106 unless the employee, agent or authorized representative has been issued a limited license or is licensed as an insurer or insurance producer under the laws of this state.
(3) The acts of an employee, agent or authorized representative of a vendor policyholder who is authorized to issue, sell or offer for sale portable electronics insurance coverage under this section are deemed to be the acts of the vendor policyholder for purposes of ORS 646A.820 to 646A.838. [Formerly 646A.585]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 646A - Trade Regulation › Section 646A.841 - Enforcement.

In addition to all other penalties and enforcement provisions provided by law, if a person violates a provision of ORS 646A.820 to 646A.838 or a rule adopted by the Department of Consumer and Business Services under ORS 646A.838, the department may:
(1) Suspend or revoke the person’s limited license issued under ORS 646A.823;
(2) Modify the terms of the person’s limited license issued under ORS 646A.823 to limit:
(a) The locations at which a vendor policyholder may issue, sell or offer for sale portable electronics insurance coverage; or
(b) The ability of employees, agents or authorized representatives of the vendor policyholder to issue, sell or offer for sale portable electronics insurance coverage; and
(3) Impose a civil penalty in the manner provided in ORS 183.745 not to exceed $1,000 per violation or $10,000 for multiple violations. [Formerly 646A.592]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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:
(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 of the source of the mark owner’s goods or services. In determining whether a mark is famous, a court may consider factors such as:
(a) The duration, extent and geographic reach of advertising and publicity of the mark in this state by the owner or by other persons;
(b) The amount, volume and geographic extent of sales of goods or services offered under the mark in this state;
(c) The extent to which the mark is actually recognized in this state; and
(d) Whether the mark is registered in this state, appears on the principal register created under the Trademark Act of 1946, 60 Stat. 427, 15 U.S.C. 1051 et seq., or is otherwise registered under federal law.
(3) In an action brought under this section, the owner of a famous mark is entitled to injunctive relief throughout the geographic area in which the court finds that the mark became famous before the other person began the other person’s use of the mark. The court may not order injunctive relief outside this state.
(4) If the court finds that the other person willfully intended to cause dilution of the famous mark, the owner is entitled to the remedies provided in this chapter, subject to the court’s discretion and the principles of equity.
(5) An owner of a famous mark may not bring an action for another person’s use if the use is a nominative or descriptive fair use or facilitation of a nominative or descriptive fair use, other than as a designation of source for the other person’s own goods or services, including a use:
(a) In connection with:
(A) Advertising or promotion that permits consumers to compare goods or services; or
(B) Identifying or parodying, criticizing or commenting upon the owner of the famous mark or the goods or services of the owner of the famous mark;
(b) That is noncommercial; or
(c) That constitutes news reporting or news commentary. [1971 c.122 §2; 2009 c.459 §16]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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.
(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 system of trademark registration and protection set forth in 15 U.S.C. 1051 et seq. Construction given the provisions set forth in 15 U.S.C. 1051 et seq. constitutes persuasive authority for interpreting and construing this chapter. [1961 c.497 §14; 1965 c.511 §12; 1985 c.566 §5; 1985 c.728 §89; 2009 c.459 §19]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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.
(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) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration. [1999 c.722 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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:
(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 third degree is a Class A misdemeanor. Notwithstanding ORS 161.655, if the person convicted under this section is a corporation, the maximum fine that may be imposed is $100,000. [1999 c.722 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 647.145 - Trademark counterfeiting in second degree; penalty.

(1) A person commits the crime of trademark counterfeiting in the second degree if the person:
(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 the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000.
(b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.
(2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655, if the person is convicted under:
(a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.
(b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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:
(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 counterfeit mark is $10,000 or more.
(2) Trademark counterfeiting in the first degree is a Class B felony. [1999 c.722 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 647 - Trademarks and Service Marks; Music Royalties › Section 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:
(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 counterfeit mark;
(c) All books, records, computers and data that are used or intended for use in the production, manufacture, sale or delivery of items bearing a counterfeit mark or services identified by a counterfeit mark; and
(d) All moneys, negotiable instruments, balances in deposit or other accounts, securities or other things of value furnished or intended to be furnished by any person in the course of activity constituting a violation of ORS 647.140, 647.145 or 647.150.
(2) Items bearing a counterfeit mark are subject to seizure and disposition as provided in ORS 133.525 to 133.703. However, if the registrant so requests, the agency holding the seized items shall release the seized items to the registrant or make such other disposition as the registrant directs. If the registrant does not direct disposition of the seized items, the agency shall destroy the items. [1999 c.722 §6; 2001 c.780 §§17,17a; 2009 c.78 §60]