ORS 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

Text
Annotations

(1)

The provisions of this chapter do not adversely affect the rights or the enforcement of rights in marks or trade names acquired in good faith at any time at common law.

(2)

The enumeration of a right or remedy in this chapter does not affect the right of a registrant to prosecute under a penal law of this state.

(3)

The intent of this chapter is to provide for a system of trademark registration and protection substantially consistent with the system of trademark registration and protection set forth in 15 U.S.C. 1051 et seq. Construction given the provisions set forth in 15 U.S.C. 1051 et seq. constitutes persuasive authority for interpreting and construing this chapter. [1961 c.497 §14; 1965 c.511 §12; 1985 c.566 §5; 1985 c.728 §89; 2009 c.459 §19]

Source: 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, https://www.oregonlegislature.gov/bills_laws/ors/ors647.html.

647.005
Definitions 647.009
Filing, service, copying and certification fees 647.015
Application for registration 647.017
When mark is in use 647.024
Rules for classes of goods and services 647.029
Examination of application by Secretary of State 647.035
Marks ineligible for registration 647.045
Certificate of registration 647.055
Period of registration 647.065
Assignment 647.075
Cancellation of registrations 647.077
Action to cancel mark or compel registration 647.085
Fraudulent registration prohibited 647.095
Prohibited acts 647.105
Remedies for infringement 647.107
Grounds for injunctive relief 647.111
Seizure of counterfeit goods in infringement proceeding 647.115
Effect of chapter on marks or trade names acquired at common law 647.135
Trademark counterfeiting 647.140
Trademark counterfeiting in third degree 647.145
Trademark counterfeiting in second degree 647.150
Trademark counterfeiting in first degree 647.155
Seizure, forfeiture and disposal 647.700
Definitions for ORS 647.700 to 647.730 647.705
Requirements for performing rights societies 647.708
Requirement for performing rights society to have authorization to do business in state 647.710
Requirements for contracts for payment of royalties 647.715
Prohibited conduct 647.720
Action for damages 647.725
Relationship to other laws 647.728
Conduct of investigations by performing rights society 647.730
Applicability of ORS 647.700 to 647.730

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Current through early 2024

§ 647.115’s source at oregon.gov

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Location: https://oregon.public.law/statutes/ors_647.115

Original Source: 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, https://www.oregonlegislature.gov/bills_laws/ors/ors647.html (last accessed Jun. 16, 2023).