2005 Oregon Code - Chapter 649 :: Chapter 649 - Insignia and Names of Organizations
Chapter 649 — Insignia and Names of Organizations
2005 EDITION
INSIGNIA AND NAMES OF ORGANIZATIONS
TRADE REGULATIONS AND PRACTICES
649.010Â Â Â Â Definitions for ORS 649.010 to 649.060 and 649.080
649.020Â Â Â Â Organization may register its name or insignia
649.030Â Â Â Â Unauthorized use of registered insignia prohibited
649.040Â Â Â Â Application for registration, alteration or cancellation; certificate of registration
649.050Â Â Â Â Record of registration
649.060Â Â Â Â Exclusive right to register
649.070Â Â Â Â Protection of distinguishing blanks and marks filed by telegraph company
649.080Â Â Â Â Unauthorized display of insignia of motor vehicle association prohibited
649.090Â Â Â Â Filing, service, copying and certification fees
649.990Â Â Â Â Penalties
     649.010
Definitions for ORS 649.010 to 649.060 and 649.080. As used in ORS 649.010
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 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
Organization may register its name or insignia. (1) Any organization may
register, in the office of the Secretary of State, a facsimile, 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 on behalf
of the organization, the individual members and those who thereafter become
members of the organization, throughout the state.
     (2) No registration shall be granted or alteration permitted to any organization having a name or insignia similar to, imitating or so nearly resembling as to be calculated to deceive, any other name or insignia already registered pursuant to the provisions of ORS 649.010 to 649.060.
     649.030
Unauthorized use of registered insignia prohibited. No person shall
willfully wear, exhibit, display, print or use, for any purpose, the insignia
of any organization registered under ORS 649.010 to 649.060 unless the person
is entitled to use and wear the insignia under the constitution and bylaws,
rules and regulations of the organization.
     649.040
Application for registration, alteration or cancellation; certificate of
registration. Application for registration, alteration or cancellation
shall be made by the chief officer or officers of the organization upon blanks
provided by the Secretary of State. Upon granting registration, the Secretary
of State shall issue a certificate to the applicant, setting forth the fact of
registration. [Amended by 1991 c.132 §26]
     649.050
Record of registration. The Secretary of State shall keep a properly
indexed record of the registration provided for by ORS 649.010 to 649.060 and
of any altered or canceled registration.
     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
Protection of distinguishing blanks and marks filed by telegraph company.
The president or secretary of any telegraph company in this state may file in
the office of the county clerk of the county in which the principal office of
the company is situated, a copy of any printed blank or envelope, picture or
device, used or intended to be used by the company, with the certificate of the
president or secretary that the same is commonly used, or is intended so to be,
in the business of the company, as a distinguishing mark, notice, or index of
the business. Thereupon the blank envelope, picture or device shall become the
property of the company and no person, unless by the employment or permission
of the company, shall willfully print, publish, distribute or use, or cause to be
printed, published, distributed, or used, either of them, or any copy,
counterfeit, or imitation thereof.
     649.080
Unauthorized display of insignia of motor vehicle association prohibited.
No person shall display upon any motor vehicle the insignia of any motor
vehicle club or similar organization unless the person is entitled, under the
constitution, bylaws, rules or regulations of the club or organization, to use
the insignia. [Amended by 2003 c.45 §2]
     649.090
Filing, service, copying and certification fees. The Secretary of State
shall collect the fees described in ORS 56.140 for each document delivered for
filing under ORS 649.010 to 649.060. The secretary may collect the fees
described in ORS 56.140 for copying any public record registered or filed under
ORS 649.010 to 649.060, certifying the copy or certifying to other facts of
record under ORS 649.010 to 649.060. [1991 c.132 §28; 1999 c.652 §19; 2003 c.45
§3]
     649.990
Penalties. (1) Violation of ORS 649.030 is a Class D violation. Default in
the payment of a fine shall be dealt with as provided in ORS 161.675.
     (2) Intentional violation of ORS 649.070 is punishable, upon conviction, by a fine not 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 not more than 10 days.
     (b) Upon a second such conviction within one year after the first conviction, by a fine of not more than $200 or by imprisonment for not more than 20 days, or both.
     (c) Upon a third or subsequent conviction within one year after the first conviction, by a fine of not more than $500 or by imprisonment for not more than six months, or both. [Amended by 1971 c.743 §403; 1983 c.740 §238; 1983 c.338 §962; 1985 c.16 §475; 1999 c.1051 §214]
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