(2) For purposes of this section, a mark is counterfeit if:
(a) It is a mark that is identical to or substantially indistinguishable from a registered mark; and
(b) It is used on or in connection with the same type of goods or services for which the genuine mark is registered.
(3) A person does not commit trademark counterfeiting if the person has adopted and lawfully used the same or a confusingly similar mark in the rendition of like services or the manufacture of like goods in this state from a date before the effective date of registration of the service mark or trademark and continues to use the mark after the effective date of registration. [1999 c.722 ยง2]
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.