2007 Oregon Code - Chapter 649 :: Chapter 649 - Insignia and Names of Organizations
Chapter 649 —
Insignia and Names of Organizations
2007 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 veteransÂ’
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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