ORS Chapter 649 - Oregon Statutes

Chapter 649 — Insigniaand Names of Organizations

 

2009 EDITION

 

 

INSIGNIAAND NAMES OF ORGANIZATIONS

 

TRADEREGULATIONS AND PRACTICES

 

649.010     Definitionsfor ORS 649.010 to 649.060 and 649.080

 

649.020     Registrationof name or insignia of organization

 

649.030     Unauthorizeduse of registered insignia

 

649.040     Applicationfor registration, alteration or cancellation; certificate of registration

 

649.050     Recordof registration

 

649.060     Exclusiveright to register

 

649.070     Protectionof distinguishing blanks and marks filed by telegraph company

 

649.080     Unauthorizeddisplay of insignia of motor vehicle association

 

649.090     Filing,service, copying and certification fees

 

649.990     Penalties

 

      649.010Definitions for ORS 649.010 to 649.060 and 649.080. As used in ORS649.010 to 649.060 and 649.080:

      (1)“Organization” means any association, lodge, order, fraternal society,beneficial association or fraternal and beneficial society or association,historical, military or veterans’ organization, labor union, foundation,federation or any other society, organization or association, degree, branch,subordinate lodge or auxiliary, incorporated or unincorporated, the activitiesof which are lawful.

      (2)“Insignia” means a badge, mark, motto, button, decoration, charm, emblem orrosette. [Amended by 2003 c.45 §1]

 

      649.020Registration of name or insignia of organization. (1) Anyorganization may register, in the office of the Secretary of State, afacsimile, duplicate or description of its name and insignia, and may, by reregistration,alter or cancel the same. The registration shall be for the use, benefit and onbehalf of the organization, the individual members and those who thereafterbecome members of the organization, throughout the state.

      (2)No registration shall be granted or alteration permitted to any organizationhaving a name or insignia similar to, imitating or so nearly resembling as tobe calculated to deceive, any other name or insignia already registeredpursuant to the provisions of ORS 649.010 to 649.060.

 

      649.030Unauthorized use of registered insignia. No person shall willfully wear,exhibit, display, print or use, for any purpose, the insignia of anyorganization registered under ORS 649.010 to 649.060 unless the person isentitled to use and wear the insignia under the constitution and bylaws, rulesand regulations of the organization.

 

      649.040Application for registration, alteration or cancellation; certificate ofregistration.Application for registration, alteration or cancellation shall be made by thechief officer or officers of the organization upon blanks provided by theSecretary of State. Upon granting registration, the Secretary of State shallissue a certificate to the applicant, setting forth the fact of registration. [Amendedby 1991 c.132 §26]

 

      649.050Record of registration. The Secretary of State shall keep a properlyindexed record of the registration provided for by ORS 649.010 to 649.060 andof any altered or canceled registration.

 

      649.060Exclusive right to register. Any organization organized and existingon June 8, 1933, which had adopted any name or insignia has exclusive rights tothe registration of such name and insignia officially adopted and in use by itat that time.

 

      649.070Protection of distinguishing blanks and marks filed by telegraph company. The presidentor secretary of any telegraph company in this state may file in the office ofthe county clerk of the county in which the principal office of the company issituated, a copy of any printed blank or envelope, picture or device, used orintended to be used by the company, with the certificate of the president orsecretary that the same is commonly used, or is intended so to be, in thebusiness of the company, as a distinguishing mark, notice, or index of thebusiness. Thereupon the blank envelope, picture or device shall become theproperty of the company and no person, unless by the employment or permissionof the company, shall willfully print, publish, distribute or use, or cause tobe printed, published, distributed, or used, either of them, or any copy,counterfeit, or imitation thereof.

 

      649.080Unauthorized display of insignia of motor vehicle association. No person shalldisplay upon any motor vehicle the insignia of any motor vehicle club orsimilar organization unless the person is entitled, under the constitution,bylaws, rules or regulations of the club or organization, to use the insignia. [Amendedby 2003 c.45 §2]

 

      649.090Filing, service, copying and certification fees. The Secretaryof State shall collect the fees described in ORS 56.140 for each documentdelivered for filing under ORS 649.010 to 649.060. The secretary may collectthe fees described in ORS 56.140 for copying any public record registered orfiled under ORS 649.010 to 649.060, certifying the copy or certifying to otherfacts of record under ORS 649.010 to 649.060. [1991 c.132 §28; 1999 c.652 §19;2003 c.45 §3]

 

      649.990Penalties.(1) Violation of ORS 649.030 is a Class D violation. Default in the payment ofa fine shall be dealt with as provided in ORS 161.675.

      (2)Intentional violation of ORS 649.070 is punishable, upon conviction, by a finenot to exceed $500 or imprisonment not to exceed six months.

      (3)Violation of ORS 649.080 is punishable:

      (a)Upon conviction, by a fine of not more than $100 or by imprisonment for notmore than 10 days.

      (b)Upon a second such conviction within one year after the first conviction, by afine of not more than $200 or by imprisonment for not more than 20 days, orboth.

      (c)Upon a third or subsequent conviction within one year after the firstconviction, by a fine of not more than $500 or by imprisonment for not morethan six months, or both. [Amended by 1971 c.743 §403; 1983 c.740 §238; 1983c.338 §962; 1985 c.16 §475; 1999 c.1051 §214]

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