ORS 661.230
Registration of union label

  • actions to compel or cancel registration

(1)

A person, association or union that uses a label, trademark, term, design, device or form of advertisement for the purpose described in ORS 661.210 (Counterfeiting of union label and possession or sale thereof prohibited) may file an application to register the label, trademark, term, design, device or form of advertisement with the Secretary of State in accordance with the requirements, procedures and policies set forth for registering marks under ORS 647.015 (Application for registration). The Secretary of State shall evaluate the application as provided in ORS 647.029 (Examination of application by Secretary of State) and 647.035 (Marks ineligible for registration), shall determine whether the label, trademark, term, design, device or form of advertisement is in use as provided in ORS 647.017 (When mark is in use) and may issue a certificate of registration for the label, trademark, term, design, device or form of advertisement as provided in ORS 647.045 (Certificate of registration).

(2)

A certificate of registration that the Secretary of State issues under this section is:

(a)

Effective for the term set forth in ORS 647.055 (Period of registration);

(b)

Subject to renewal as provided in ORS 647.055 (Period of registration); and

(c)

Subject to cancellation as provided in ORS 647.075 (Cancellation of registrations).

(3)

For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009 (Filing, service, copying and certification fees).

(4)

For the purpose of proving in an action or proceeding in a court in this state that a person, association or union registered a label, trademark, term, design, device or form of advertisement under this section, a certificate of registration that the Secretary of State issues for a label, trademark, term, design, device or form of advertisement has the same effect as a certificate of registration that the Secretary of State issues for marks under ORS 647.045 (Certificate of registration).

(5)

A person must bring an action to compel or to cancel a registration for a label, trademark, term, design, device or form of advertisement in accordance with the procedures set forth in ORS 647.077 (Action to cancel mark or compel registration) for actions to compel or cancel registrations for marks. [Amended by 1991 c.132 §29; 2015 c.277 §10]

Source: Section 661.230 — Registration of union label; actions to compel or cancel registration, https://www.­oregonlegislature.­gov/bills_laws/ors/ors661.­html.

Green check means up to date. Up to date

Current through early 2024

§ 661.230’s source at oregon​.gov