(a) The Secretary of State receives a voluntary request from the registrant or the assignee of record to cancel the registration.
(b) The registration has not been renewed in accordance with the provisions of ORS 647.055.
(c) A court of competent jurisdiction either orders cancellation of the registration or makes any of the following findings:
(A) The registered mark has been abandoned.
(B) The registrant is not the owner of the mark.
(C) The registration was granted improperly.
(D) The registration was obtained fraudulently.
(E) The registered mark is the generic name for the goods or services or a portion of the goods or services for which the mark has been registered.
(F) The registered mark is likely to cause confusion or mistake or to deceive because of the registered mark’s similarity to a mark registered with the United States Patent and Trademark Office and not abandoned before the application for the registered mark was filed under ORS 647.015.
(2) If the registrant proves that the registrant has a concurrent registration in the United States Patent and Trademark Office that covers an area that includes this state, the Secretary of State may not cancel the registration for the area covered by the concurrent registration notwithstanding a court’s finding under subsection (1)(c)(F) of this section. [1961 c.497 §8; 1965 c.511 §8; 1971 c.318 §7; 1981 c.633 §73; 1985 c.728 §88; 2009 c.459 §12]
Structure 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 647.035 - Marks ineligible for registration.
Section 647.045 - Certificate of registration; contents; evidentiary effect.
Section 647.055 - Period of registration; renewal; notice.
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 647.135 - 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 647.710 - 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.