Oregon Statutes - Chapter 647 - Trademarks and Service Marks; Music Royalties

647.005 Definitions.
(1) As used in this chapter: (a) �Applicant� embraces the person who applies to register a mark under this chapter, and the person�s legal representatives,...
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...
647.010 [Repealed by 1961 c.497 §16]
647.015 Application for registration.
(1) Subject to the limitations set forth in this chapter, any person who adopts and uses a mark in this state may submit for filing...
647.020 [Repealed by 1961 c.497 §16]
647.024 Rules for classes of goods and services.
The Secretary of State may establish by rule classes of goods and services for convenience in the administration of this chapter. The classes that the...
647.025 [1961 c.497 §9; 1965 c.511 §3; repealed by 1985 c.728 §§84a,110 (647.024 enacted in lieu of 647.025)]
647.029 Refusal to register mark; grounds; form of refusal.
(1) The Secretary of State shall refuse to register a mark if the Secretary of State finds that the mark so resembles either a mark...
647.030 [Repealed by 1961 c.497 §16]
647.035 Marks ineligible for registration.
(1) The Secretary of State may not register as a mark any word, phrase, symbol, device or combination thereof if it: (a) Consists of or...
647.040 [Amended by 1959 c.261 §1; repealed by 1961 c.497 §16]
647.045 Certificate of registration; evidentiary effect.
(1) Upon compliance by the applicant with the requirements of this chapter, the Secretary of State: (a) Shall file the original application; and (b) Shall...
647.050 [Repealed by 1961 c.497 §16]
647.055 Period of registration; renewal; rules; record of registrations.
(1) Registration of a mark under this chapter shall be effective for a term of five years from the date of registration and may be...
647.060 [Repealed by 1961 c.497 §16]
647.065 Assignment of mark; procedure.
Any mark and its registration under this chapter shall be assignable with the goodwill of the business in which the mark is used, or with...
647.070 [Repealed by 1961 c.497 §16]
647.075 Cancellation of registrations.
(1) The Secretary of State shall cancel a registration of a mark when: (a) The Secretary of State receives a voluntary request from the registrant...
647.080 [Repealed by 1961 c.497 §16]
647.085 Fraudulent registration prohibited; liability.
(1) No person shall procure or maintain on behalf of the person or any other person the filing or registration of any mark in the...
647.090 [Repealed by 1961 c.497 §16]
647.095 Civil action for infringement; limitation on recovery.
(1) Subject to the provisions of ORS 647.115 and subsection (2) of this section, a person is subject to a civil action by the owner...
647.100 [Repealed by 1961 c.497 §16]
647.105 Remedies for infringement.
(1) Any owner of a mark registered under this chapter may proceed in a civil action to obtain any remedy or combination of remedies provided...
647.107 Grounds for injunctive relief.
Likelihood of injury to business reputation or of dilution of the distinctive quality of a mark registered under ORS 647.015, or a mark valid at...
647.110 [Repealed by 1961 c.497 §16]
647.111 Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking.
(1) In a civil action under ORS 647.105, upon motion by the plaintiff with or without notice to the defendant, the court may order seizure...
647.115 Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes.
(1) Nothing in this chapter shall adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at...
647.120 [Repealed by 1961 c.497 §16]
647.125 [1985 c.566 §6; repealed by 1999 c.722 §9]
647.130 [Repealed by 1961 c.497 §16]
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...
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:...
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...
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...
647.155 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 475A: (a) All...
647.700 Definitions for ORS 647.700 to 647.730.
As used in ORS 647.700 to 647.730, unless the context requires otherwise: (1) �Copyright owner� means the owner of a copyright of a nondramatic musical...
647.705 Requirements for performing rights societies.
A performing rights society shall not enter into, or offer to enter into, a contract for the payment of royalties by a proprietor unless the...
647.710 Requirements for contracts for payment of royalties.
Every contract for the payment of royalties between a proprietor and a performing rights society executed, issued or renewed in this state shall be: (1)...
647.715 Prohibited conduct.
(1) A performing rights society or any agent or employee thereof shall not: (a) Enter onto the premises of a proprietor�s business for the purpose...
647.720 Action for damages; injunction.
In the event of a violation of ORS 647.705, 647.710 or 647.715, any person may bring an action to recover actual damages and reasonable attorney...
647.725 Relationship to other laws.
The rights, remedies and prohibitions contained in ORS 647.700 to 647.730 shall be in addition to and cumulative to any other right, remedy or prohibition...
647.730 Applicability of ORS 647.700 to 647.730.
ORS 647.700 to 647.730 do not apply to contracts between copyright owners or performing rights societies and broadcasters licensed by the Federal Communications Commission or...
647.990 [Repealed by 1961 c.497 §16]
647.991 [1985 c.566 §7; repealed by 1999 c.722 §9]

Last modified: August 7, 2008