Oregon § 649.990 - Penalties

§ 649.990. Penalties

649.990 Penalties

649.010 Definitions for ORS 649.010 to 649.080. As used in ORS 649.010 to 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 activities of which are lawful.

(2) Insignia means a badge, mark, motto, button, decoration, charm, emblem or rosette. [Amended by 2003 c.45 1]

649.020 Registration of name or insignia of organization; certificate of registration; fees. (1) An organization that uses a name or insignia may file an application to register the name or insignia with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015. The Secretary of State shall evaluate the application as provided in ORS 647.029 and 647.035, shall determine whether the name or insignia is in use as provided in ORS 647.017 and may issue a certificate of registration for the name or insignia as provided in ORS 647.045.

(2) A certificate of registration that the Secretary of State issues under this section is:

(a) Effective for the term set forth in ORS 647.055;

(b) Subject to renewal as provided in ORS 647.055; and

(c) Subject to cancellation as provided in ORS 647.075.

(3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009.

(4) For the purpose of proving in an action or proceeding in a court in this state that an organization registered a name or insignia under this section, a certificate of registration that the Secretary of State issues for a name or insignia has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045.

(5) A person must bring an action to compel or to cancel a registration for a name or insignia in accordance with the procedures set forth in ORS 647.077 for actions to compel or cancel registrations for marks. [Amended by 2015 c.277 5]

649.030 Unauthorized use of registered name or insignia. A person may not wear, exhibit, display, print or use, for any purpose, an organization s name or insignia if the organization registered the name or insignia under ORS 649.020 unless the person is entitled to wear, exhibit, display, print or use the name or insignia under the constitution, bylaws, rules and regulations of the organization. [Amended by 2015 c.277 6]

649.040 [Amended by 1991 c.132 26; repealed by 2015 c.277 15]

649.050 Record of registrations. The Secretary of State shall keep a properly indexed record of registrations that the Secretary of State issues under ORS 649.020 and of any altered or canceled registration. [Amended by 2015 c.277 7]

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

649.070 [Repealed by 2015 c.277 15]

649.080 Unauthorized display of name or insignia of motor vehicle association. A person may not display the name or insignia of a motor vehicle club or similar organization on a motor vehicle if the motor vehicle club or organization has registered the name or insignia under ORS 649.020, unless the constitution, bylaws, rules or regulations of the motor vehicle club or organization permit the person to display the name or insignia. [Amended by 2003 c.45 2; 2015 c.277 8]

649.090 [1991 c.132 28; 1999 c.652 19; 2003 c.45 3; repealed by 2015 c.277 15]

649.990 Penalties. (1) A violation of ORS 649.030 is a Class D violation.

(2) A violation of ORS 649.080 is a Class C misdemeanor. [Amended by 1971 c.743 403; 1983 c.740 238; 1983 c.338 962; 1985 c.16 475; 1999 c.1051 214; 2011 c.597 261; 2015 c.277 9]

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