2005 Oregon Code - Chapter 532 :: Chapter 532 - Branding of Forest Products and Booming Equipment
Chapter 532 — Branding of Forest Products and Booming Equipment
2005 EDITION
BRANDING OF FOREST PRODUCTS
FORESTRY AND FOREST PRODUCTS
BRANDING
532.010Â Â Â Â Definitions for ORS 532.010 to 532.140
532.020Â Â Â Â Branding forest products and booming equipment required; rules
532.030Â Â Â Â Branding optional east of crest of Cascade Mountains
532.040Â Â Â Â Ownership of forest products and booming equipment presumed from registered brands or catch brands thereupon
532.050Â Â Â Â Application for registration of brand; registration; rejection
532.060Â Â Â Â Application for registration of catch brand
532.070Â Â Â Â Certified copy of brand registration as evidence of registration and ownership
532.080Â Â Â Â Mark or brand assignable; procedure
532.090Â Â Â Â Cancellation of registered brand or mark
532.100Â Â Â Â Renewal and abandonment of marks or brands; reissue of abandoned or canceled brand
532.110Â Â Â Â Fees
532.120Â Â Â Â Disposition of fees
532.130Â Â Â Â Prohibitions generally
532.140Â Â Â Â Prohibited acts relating to branding or marking if intended to injure or defraud
PENALTIES
532.990Â Â Â Â Penalties
BRANDING
     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:
     (1) “Booming equipment” includes boom sticks.
     (2) “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, 1951, with the exception of those brands enclosed in the letter “C,” the use of which is particularly reserved for catch brands, may be continued in use, subject to the other provisions of ORS 532.010 to 532.140.
     (3) “Catch brand” means a mark of brand used by a person as an identifying mark upon forest products and booming equipment previously owned by another.
     (4) “Forest products” means any form, including but not limited to logs, poles and piles, into which a fallen tree may be cut before it undergoes manufacturing, but not including peeler cores.
     (5) “Highway” means every street, alley, road, highway and thoroughfare in this state, used by the public or dedicated or appropriated to public use.
     (6) “Motor vehicle” means any self-propelled or motor driven vehicle or any train or combination of vehicles used upon any highway in this state in transporting forest products.
     (7) “Railroad” means any self-propelled vehicle or any train or combination of vehicles operating wholly on fixed rails or tracks.
     (8) “Waters of this state” includes all bodies of fresh and salt water within the jurisdiction of the state capable of being used for the transportation of forest products, and all rivers and lakes and their tributaries, harbors, bays, sloughs and marshes. [Amended by 1961 c.253 §1]
     532.020
Branding forest products and booming equipment required; rules. (1) 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 in ORS 532.010 to 532.140 plainly
impressed or cut in a conspicuous place on the forest products and booming equipment
in a manner as required by the rules and regulations of the State Forester.
     (2) The State Forester hereby is authorized to issue rules and regulations to accomplish the purposes of ORS 532.010 to 532.140. [Amended by 1961 c.253 §2]
     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 532.010 to 532.140, within that portion of the
state lying east of the crest of the Cascade Mountains; and the penalties
provided in ORS 532.990 for failure to mark or brand such forest products shall
not apply. However, any person operating within the east side portion of the
state may select a mark or brand and cause it to be registered in the office of
the State Forester pursuant to the terms of ORS 532.010 to 532.140 and use it
for the purpose of marking or branding forest products and booming equipment.
In the event of the registration of such mark or brand and the use of it in
marking or branding forest products or booming equipment, the provisions of ORS
532.010 to 532.140 shall apply to the forest products and booming equipment so
marked or branded.
     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 to the owner of the registered catch brand, unless there are
impressed thereupon more than one registered catch brand, in which event they shall
be presumed to belong to the owner whose registered catch brand was placed
thereupon latest in point of time.
     532.050
Application for registration of brand; registration; rejection. (1) 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 declaring that it is not, and at the
time of its adoption by the person, was not in use to the knowledge of the
person by any other person and that the person has selected it in good faith
for branding forest products to be transported on motor vehicles or railroads,
or floated or rafted in the waters of this state, or booming equipment to be
used by the person as a part of the operations in securing, rafting or floating
forest products.
     (2) The State Forester, upon the receipt of the application and the fee provided in ORS 532.110, if the State Forester finds that the brand is not identical with any other brand registered in the office of the State Forester or does not so closely resemble one registered therein as to be confused therewith, shall file in the office of the State Forester the impression or drawing and one copy of the written statement and shall register the brand in a book to be provided by the State Forester and kept for the purpose and known as the Forest Products Brand Register, entering therein the name of the owner, character of the brand, date of registration and such other details as the State Forester may see fit to enter therein. The State Forester shall return to the applicant the other copy of the written statement as evidence that the brand has been duly registered in accordance with the provisions of ORS 532.010 to 532.140 and that the applicant is the registered owner. The State Forester, in the event of refusal to register a brand on account of confliction with or resemblance to one already registered, shall immediately give notice of that fact to the applicant, who may select another brand and apply for its registration in the manner of an original application.
     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 532.010 to 532.140 in reference to registration,
certifications, assignments and cancellation and the fees to be paid to the
State Forester shall apply equally to catch brands. However, the certificate of
the State Forester shall designate the mark or brand as a catch brand, and the
mark selected by the applicant as a catch brand shall be enclosed in the letter
“C,” which letter “C” shall identify the mark as, and shall be used only in
connection with, a catch brand.
     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 assignment in the office of the State Forester and make an entry in
the Forest Products Brand Register of the fact of the assignment, the date, the
name of the assignee and such other details as the State Forester may see fit
to enter therein. The State Forester shall return to the assignee the other
copy of the assignment, with a certificate attached thereto, signed by the
State Forester or the employee of the State Forester, to the effect that the
mark or brand has been duly registered in accordance with the provisions of ORS
532.010 to 532.140 and assigned to the assignee and that the assignee is the
registered owner. The assignee, upon the due registration of the assignment as
herein provided, shall become the owner of the mark or brand with the full
right of exclusive use to the same extent as though the assignee had been the
original owner.
     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. (1) 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 within
Oregon. If any owner of a brand or mark which is on record fails or refuses to
pay the renewing fee within three months after notification, such brand shall
become forfeited and be no longer carried on the records.
     (2) On or after January 1, 1952, no person shall claim or own any log mark or brand which has not been renewed in accordance with the provisions of this section, and any failure to renew the log mark or brand as required by such provisions shall be deemed an abandonment of the same. Any other person shall be at liberty to adopt or use the abandoned mark or brand; but the other person shall not claim or use it until after it has been recorded in the other person’s own name, in the manner provided in ORS 532.010 to 532.140. However, no abandoned or canceled brand may be reissued for a period of one year after such abandonment or cancellation, except to the previous owner or the assignee of the previous owner. In case of a dispute as to the right of any person to the use of such mark or brand, the State Forester shall determine which of the applicants is entitled to its use. [Amended by 1957 c.127 §1]
     532.110
Fees. The fees to be paid to the State Forester are as follows:
     (1) For filing an application to register a mark or brand and registering the same, including the certificate, $20.
     (2) For filing an application for an assignment of a registered mark or brand and registering such assignment, including the certificate, $20.
     (3) For every other certificate of registration, including a copy of the written statement or assignment, $20.
     (4) For each copy of any drawing, the reasonable expense of preparing it.
     (5) For renewing brands or marks, $20. [Amended by 1975 c.463 §1; 1989 c.767 §1]
     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. [Amended by 1957 c.459 §5; 1961 c.253 §3; 1967 c.34 §6;
1989 c.767 §2]
     532.130
Prohibitions generally. (1) No person, unless permitted to do so under ORS
532.030, shall:
     (a) 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 such stick or piece of forest products, and on any piece of booming equipment so used, a mark or brand previously registered as required by the terms of ORS 532.010 to 532.140.
     (b) Have or take in tow or into custody or possession or under control of the person, without the authorization of the owner of a registered mark or brand thereon, any forest products or booming equipment having thereupon a mark or brand registered as required by the terms of ORS 532.010 to 532.140 or, with or without such authorization, any forest products or booming equipment required to be branded under the terms of ORS 532.010 to 532.140 with a registered mark or brand and having no registered mark or brand impressed thereupon or cut therein.
     (c) Impress upon or cut in any forest products or booming equipment a mark or brand that is false, forged or counterfeit.
     (d) Impress or cut a catch brand that has not been registered under the terms of ORS 532.010 to 532.140 upon or into any forest products or booming equipment upon which there is or should be a registered mark or brand as required by the terms of ORS 532.010 to 532.140 or a catch brand, whether registered or not, upon any forest products or booming equipment that has not been purchased or lawfully acquired by the person from the owner.
     (2) Subsection (1)(b) of this section shall not apply to:
     (a) Railroads.
     (b) Log patrol or salvage companies organized as corporations for the purpose of catching or reclaiming and holding or disposing of forest products for the benefit of the owners and authorized to do business under the laws of this state.
     (3) In the case of a motor vehicle carrying more than three logs, branding of not less than three logs shall be considered compliance with the provisions of subsection (1)(a) of this section. [Amended by 1957 c.668 §21; 1973 c.800 §1; 1975 c.729 §1; 1993 c.47 §2; 1993 c.469 §8]
     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:
     (1) 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.
     (2) Cut out, destroy, alter, deface or obliterate any registered mark or brand impressed upon or cut into any forest products or booming equipment.
     (3) Sell, encumber or otherwise dispose of or deal in, or appropriate to the own use of the person, any forest products or booming equipment having impressed thereupon a mark or brand registered as required by the terms of ORS 532.010 to 532.140.
     (4) Buy or otherwise acquire or deal in any forest products or booming equipment having impressed thereupon a registered mark or brand.
     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. (1) Violation of any of the provisions of ORS 532.130 is
punishable, upon conviction, by a fine of not less than $500 nor more than
$1,000 or by imprisonment in the county jail for not less than 60 days nor more
than 180 days, or both.
     (2) Violation of any of the provisions of ORS 532.140 is a felony and is punishable, upon conviction, by a fine of not less than $1,000 nor more than $5,000 or by imprisonment in the custody of the Department of Corrections for a period not to exceed two years, or both. [Subsection (3) enacted as 1957 c.668 §22; 1983 c.89 §16; 1987 c.320 §238; 1993 c.47 §3]
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CHAPTERS 533 TO 535
[Reserved for expansion]
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