2021 Oregon Revised Statutes
Chapter 647 - Trademarks and Service Marks; Music Royalties
Section 647.145 - Trademark counterfeiting in second degree; penalty.


(a) Commits trademark counterfeiting as described in ORS 647.135 and:
(A) Has one prior conviction for trademark counterfeiting in any degree;
(B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or
(C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000.
(b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark.
(2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655, if the person is convicted under:
(a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000.
(b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 ยง4]

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.