2021 Oregon Revised Statutes
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.135 - Trademark counterfeiting.


(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

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.