2021 Oregon Revised Statutes
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.017 - When mark is in use; abandonment of mark.


(a) On goods that are sold or transported in commerce in this state when the mark is placed in any manner on:
(A) Goods, other containers or displays associated with the goods or tags or labels affixed to the goods; or
(B) Documents associated with the goods or the sale of the goods, if the nature of the goods makes placing the mark on the items identified in subparagraph (A) of this paragraph impractical.
(b) On services that are rendered in this state when the mark is used or displayed in selling or advertising the services.
(2) A mark is abandoned if either of the following occurs:
(a) Use of the mark has been discontinued with intent not to resume the use. Intent not to resume use may be inferred from circumstances. Nonuse for two consecutive years is prima facie evidence of abandonment.
(b) A course of conduct of the owner, including a failure to act, causes the mark to lose significance as a mark.
(3) A title, character name that a person uses and other distinctive features of a radio or television program may be registered as a service mark notwithstanding that the title, name or feature or the program may advertise the goods of the sponsor. [2009 c.459 ยง3]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 647 - Trademarks and Service Marks; Music Royalties

Section 647.005 - Definitions.

Section 647.015 - Application for registration.

Section 647.017 - When mark is in use; abandonment of mark.

Section 647.024 - Rules for classes of goods and services.

Section 647.029 - Examination of application by Secretary of State; amendment of application; refusal to register mark; priority of concurrent applications.

Section 647.035 - Marks ineligible for registration.

Section 647.045 - Certificate of registration; contents; evidentiary effect.

Section 647.055 - Period of registration; renewal; notice.

Section 647.065 - Assignment; filing with Secretary of State; legal and evidentiary effect; public record of registrations.

Section 647.075 - Cancellation of registrations.

Section 647.085 - Fraudulent registration prohibited; liability; action for damages.

Section 647.095 - Prohibited acts; liability.

Section 647.105 - Remedies for infringement.

Section 647.107 - Grounds for injunctive relief; famous marks.

Section 647.111 - Seizure of counterfeit goods in infringement proceeding; liability for wrongful seizure; undertaking.

Section 647.115 - Effect of chapter on marks or trade names acquired at common law; effect of civil remedies on criminal statutes; intent and construction of chapter.

Section 647.135 - Trademark counterfeiting.

Section 647.140 - Trademark counterfeiting in third degree; penalty.

Section 647.145 - Trademark counterfeiting in second degree; penalty.

Section 647.150 - Trademark counterfeiting in first degree; penalty.

Section 647.155 - Seizure, forfeiture and disposal.

Section 647.700 - Definitions for ORS 647.700 to 647.730.

Section 647.705 - Requirements for performing rights societies.

Section 647.708 - Requirement for performing rights society to have authorization to do business in state.

Section 647.710 - Requirements for contracts for payment of royalties.

Section 647.715 - Prohibited conduct.

Section 647.720 - Action for damages; injunction; fines.

Section 647.725 - Relationship to other laws.

Section 647.728 - Conduct of investigations by performing rights society.

Section 647.730 - Applicability of ORS 647.700 to 647.730.