2007 Oregon Code - Chapter 532 :: Chapter 532 - Branding of Forest Products and Booming Equipment
Chapter 532 —
Branding of
2007 EDITION
BRANDING OF
FORESTRY AND
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
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
     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
     (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 personÂ’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]
_______________
CHAPTERS 533 TO 535
[Reserved for expansion]
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