Oregon Law
Law as of Jan 1, 2026
Chapter contents
647.005Definitions 647.009Filing, service, copying and certification fees 647.010[Repealed by 1961 c.497 §16] 647.015Application for registration 647.017When mark is in use; abandonment of mark 647.020[Repealed by 1961 c.497 §16] 647.024Rules for classes of goods and services 647.025[1961 c.497 §9; 1965 c.511 §3; repealed by 1985 c.728 §§84a,110 (647.024 enacted in lieu of 647.025)] 647.029Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications 647.030[Repealed by 1961 c.497 §16] 647.035Marks ineligible for registration 647.040[Amended by 1959 c.261 §1; repealed by 1961 c.497 §16] 647.045Certificate of registration; contents; evidentiary effect 647.050[Repealed by 1961 c.497 §16] 647.055Period of registration; renewal; notice 647.060[Repealed by 1961 c.497 §16] 647.065Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations 647.070[Repealed by 1961 c.497 §16] 647.075Cancellation of registrations 647.077Action to cancel mark or compel registration; Secretary of State not a party 647.080[Repealed by 1961 c.497 §16] 647.085Fraudulent registration prohibited; liability; action for damages 647.090[Repealed by 1961 c.497 §16] 647.095Prohibited acts; liability 647.100[Repealed by 1961 c.497 §16] 647.105Remedies for infringement 647.107Grounds for injunctive relief; famous marks 647.110[Repealed by 1961 c.497 §16] 647.111Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking 647.115Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter 647.120[Repealed by 1961 c.497 §16] 647.125[1985 c.566 §6; repealed by 1999 c.722 §9] 647.130[Repealed by 1961 c.497 §16] 647.135Trademark counterfeiting 647.140Trademark counterfeiting in third degree; penalty 647.145Trademark counterfeiting in second degree; penalty 647.150Trademark counterfeiting in first degree; penalty 647.155Seizure, forfeiture and disposal 647.700Definitions for ORS 647.700 to 647.730 647.705Requirements for performing rights societies 647.708Requirement for performing rights society to have authorization to do business in state 647.710Requirements for contracts for payment of royalties 647.715Prohibited conduct 647.720Action for damages; injunction; fines 647.725Relationship to other laws 647.728Conduct of investigations by performing rights society 647.730Applicability of ORS 647.700 to 647.730 647.990[Repealed by 1961 c.497 §16] 647.991[1985 c.566 §7; repealed by 1999 c.722 §9]

Chapter 647 — Trademarks and Service Marks; Music Royalties

ORS 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.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Earlier statutory text is available in an ingested published ORS edition.