Oregon Revised Statutes

Chapter 532 — Branding of Forest Products and Booming Equipment

39 sections

532.010 Definitions for ORS 532.010 to 532.140

For purposes of ORS 532.010 to 532.140, unless the context or subject matter otherwise requires: “Booming equipment” includes boom sticks. “Brand” means an identifying mark upon forest products or booming equipment, as provided by rule and regulation of the State Forester; but any brands in use and registered with the Public Utility Commission on October 1…

532.020 Branding forest products and booming equipment required; rules

Except as provided in ORS 532.030, every person who puts into any of the waters of this state, ships on any motor vehicle or railroad any forest products, or uses any booming equipment as a part of an operation in securing, rafting or floating forest products, shall have a mark or brand previously selected by the person and registered in the manner provided …

532.030 Branding optional east of crest of Cascade Mountains

In view of the different conditions obtaining in the logging industry of this state between the parts of the state lying respectively east and west of the crest of the Cascade Mountains, forest products may be put into the waters of this state or shipped on railroads or motor vehicles without having thereon a registered mark or brand as required in ORS 532.0…

532.040 Ownership of forest products and booming equipment presumed from registered brands or catch brands thereupon

All forest products and booming equipment having impressed thereupon a registered brand as provided in ORS 532.010 to 532.140 are presumed to belong to the person appearing on the records in the office of the State Forester as the owner of the brand. However, all forest products having impressed thereupon also a registered catch brand are presumed to belong …

532.050 Application for registration of brand; registration; rejection

Every person selecting a brand, before using it, shall make application for its registration in the office of the State Forester by depositing therein an impression stamped on a designated form, together with, in duplicate, a written statement duly signed and verified by the person or the agent of the person, containing a description of the brand and declari…

532.060 Application for registration of catch brand

Every person desiring to use a catch brand as an identifying mark upon forest products or booming equipment purchased or lawfully acquired by the person from another shall, before using it, make application for its registration in the office of the State Forester in the manner prescribed for the registration of brands, and the provisions contained in ORS 532…

532.070 Certified copy of brand registration as evidence of registration and ownership

A copy of brand registration certified by the State Forester or the deputy of the State Forester as a true copy and in good standing shall be received in all the courts of this state as evidence of the due and proper registration of the mark or brand and of its ownership.

532.080 Mark or brand assignable; procedure

Every mark or brand registered under ORS 532.010 to 532.140 shall be assignable in law. The State Forester, upon payment of the fee mentioned in ORS 532.110 and presentation to the State Forester, in duplicate, of an assignment, duly executed and acknowledged by the owner, transferring the mark or brand to a person named therein, shall file one copy of the a…

532.090 Cancellation of registered brand or mark

The State Forester, upon the petition of the owner of a registered mark or brand, may cause the registration thereof to be canceled, and in the event of such cancellation, the mark or brand shall be open to registration by any person subsequently applying therefor.

532.100 Renewal and abandonment of marks or brands; reissue of abandoned or canceled brand

The State Forester shall, each five-year period after October 1, 1951, notify the owners of all log marks or brands then of record in Oregon to renew them. Upon receipt of the fee provided for in ORS 532.110, the State Forester shall give a renewal certificate, which shall give the holder and owner the exclusive right to continue the use of the brand or mark…

532.110 Fees

The fees to be paid to the State Forester are as follows: For filing an application to register a mark or brand and registering the same, including the certificate, $20. For filing an application for an assignment of a registered mark or brand and registering such assignment, including the certificate, $20. For every other certificate of registration, inc…

532.120 Disposition of fees

All fees collected by the State Forester under ORS 532.010 to 532.140 shall be paid into the State Treasury, credited to the State Forestry Department Account and available for expenses associated with ORS 532.010 to 532.140.

532.130 Prohibitions generally

No person, unless permitted to do so under ORS 532.030, shall: Put into any of the waters of this state or ship on any railroad or motor vehicle any forest products, or use any booming equipment as a part of the operation of the person in securing, rafting or floating forest products, without having plainly impressed or cut in a conspicuous place on each su…

532.140 Prohibited acts relating to branding or marking if intended to injure or defraud

No person, with an intent to injure or defraud the owner, shall: Falsely make, forge or counterfeit a mark or brand registered as provided in ORS 532.010 to 532.140 and use it in marking or branding forest products or booming equipment. Cut out, destroy, alter, deface or obliterate any registered mark or brand impressed upon or cut into any forest products…

532.510 [1957 c.668 §1; 1959 c.111 §1; 1983 c.89 §1; repealed by 1993 c.47 §1]

532.520 [1957 c.668 §2; 1983 c.89 §2; repealed by 1993 c.47 §1]

532.530 [1957 c.668 §3; 1961 c.174 §1; 1983 c.89 §3; 1991 c.331 §77; repealed by 1993 c.47 §1]

532.535 [1973 c.45 §2; 1983 c.89 §4; repealed by 1993 c.47 §1]

532.540 [1957 c.668 §4(1), (2); 1983 c.89 §5; repealed by 1993 c.47 §1]

532.550 [1957 c.668 §5(1), (2), (4); 1959 c.111 §2; repealed by 1983 c.89 §6 (532.551 enacted in lieu of 532.550)]

532.551 [1983 c.89 §7 (enacted in lieu of 532.550); repealed by 1993 c.47 §1]

532.560 [1957 c.668 §5(3); 1983 c.89 §8; 1983 c.740 §210; repealed by 1993 c.47 §1]

532.570 [1957 c.668 §6; 1983 c.89 §9; repealed by 1993 c.47 §1]

532.580 [1957 c.668 §15; 1983 c.89 §10; 1991 c.249 §41; repealed by 1993 c.47 §1]

532.590 [1957 c.668 §8; subsection (2) enacted as 1957 c.668 §4(3); 1983 c.89 §11; repealed by 1993 c.47 §1]

532.600 [1957 c.668 §23; repealed by 1993 c.47 §1]

532.610 [1957 c.668 §9; 1983 c.89 §12; repealed by 1993 c.47 §1]

532.620 [1957 c.668 §10; 1983 c.89 §13; repealed by 1993 c.47 §1]

532.630 [1957 c.668 §7; repealed by 1993 c.47 §1]

532.640 [1957 c.668 §12; repealed by 1993 c.47 §1]

532.650 [1957 c.668 §11; repealed by 1993 c.47 §1]

532.660 [1957 c.668 §17; repealed by 1993 c.47 §1]

532.670 [1957 c.668 §13; 1983 c.89 §14; repealed by 1993 c.47 §1]

532.680 [1957 c.668 §14; 1991 c.249 §42; repealed by 1993 c.47 §1]

532.690 [1957 c.668 §16; repealed by 1993 c.47 §1]

532.700 [1957 c.668 §18; 1983 c.89 §15; repealed by 1993 c.47 §1]

532.710 [1957 c.668 §19; 1967 c.34 §7; repealed by 1993 c.47 §1]

532.720 [1959 c.111 §3; repealed by 1993 c.47 §1]

PENALTIES

532.990 Penalties

Violation of any of the provisions of ORS 532.130 is a Class B misdemeanor. Violation of any of the provisions of ORS 532.140 is a Class C felony. CHAPTERS 533 TO 535 [Reserved for expansion]_ ______________