2015 Oregon Revised Statutes
Volume : 14 - Trade Practices, Labor and Employment
Chapter 649 - Insignia and Names of Organizations
Section 649.020 - Registration of name or insignia of organization; certificate of registration; fees.

OR Rev Stat § 649.020 (2015) What's This?

(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]

Note: Section 14, chapter 277, Oregon Laws 2015, provides:

Sec. 14. Cancellation of registrations; notice. (1) On the 91st day after the operative date specified in section 17 of this 2015 Act [January 1, 2016], the Secretary of State shall cancel:

(a) A name or insignia that an organization registered under ORS 649.020 before the operative date specified in section 17 of this 2015 Act; and

(b) A label, trademark, term, design, device or form of advertisement that a person, association or union registered under ORS 661.230 before the operative date specified in section 17 of this 2015 Act.

(2) A cancellation under subsection (1) of this section does not prevent a person, association, union or organization from registering a name, insignia, label, trademark, term, design, device or form of advertisement under ORS 649.020 or 661.230, as appropriate, if:

(a) The person, association, union or organization registers the name, insignia, label, trademark, term, design, device or form of advertisement in accordance with ORS 649.020 or 661.230, as appropriate, as those statutes exist on and after the operative date specified in section 17 of this 2015 Act; and

(b) The person, association, union or organization had and continues to have the rights to the name, insignia, label, trademark, term, design, device or form of advertisement that were necessary for registration before the operative date specified in section 17 of this 2015 Act.

(3) At least 30 days before the operative date specified in section 17 of this 2015 Act, the Secretary of State shall notify each person, association, union or organization that registered a name, insignia, label, trademark, term, design, device or form of advertisement under ORS 649.020 or 661.230 before the operative date specified in section 17 of this 2015 Act that the Secretary of State will cancel the registration on the date specified in subsection (1) of this section. The Secretary of State shall send the notice using the contact information available for the person, association, union or organization in the Secretary of State’s records and in the notice shall:

(a) Inform the person, association, union or organization that the person, association, union or organization may register the name, insignia, label, trademark, term, design, device or form of advertisement in accordance with the procedures specified in ORS 649.020 or 661.230, as appropriate, as those statutes exist on and after the operative date specified in section 17 of this 2015 Act;

(b) Describe the relevant procedure; and

(c) Provide contact information that the person, association, union or organization can use to ask questions of and receive assistance from the Secretary of State.

[2015 c.277 §14]

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