Chapter 649 — Insignia and Names of Organizations

2011 EDITION

INSIGNIA AND NAMES OF ORGANIZATIONS

TRADE REGULATIONS AND PRACTICES

649.010 Definitions for ORS 649.010 to 649.060 and 649.080

649.020 Registration of name or insignia of organization

649.030 Unauthorized use of registered insignia

649.040 Application for registration, alteration or cancellation; certificate of registration

649.050 Record of registration

649.060 Exclusive right to register

649.070 Protection of distinguishing blanks and marks filed by telegraph company

649.080 Unauthorized display of insignia of motor vehicle association

649.090 Filing, service, copying and certification fees

649.990 Penalties

649.010 Definitions for ORS 649.010 to 649.060 and 649.080. As used in ORS 649.010 to 649.060 and 649.080:

(1) “Organization” means any association, lodge, order, fraternal society, beneficial association or fraternal and beneficial society or association, historical, military or veterans’ organization, labor union, foundation, federation or any other society, organization or association, degree, branch, subordinate lodge or auxiliary, incorporated or unincorporated, the activities of which are lawful.

(2) “Insignia” means a badge, mark, motto, button, decoration, charm, emblem or rosette. [Amended by 2003 c.45 §1]

649.020 Registration of name or insignia of organization. (1) Any organization may register, in the office of the Secretary of State, a facsimile, duplicate or description of its name and insignia, and may, by reregistration, alter or cancel the same. The registration shall be for the use, benefit and on behalf of the organization, the individual members and those who thereafter become members of the organization, throughout the state.

(2) No registration shall be granted or alteration permitted to any organization having a name or insignia similar to, imitating or so nearly resembling as to be calculated to deceive, any other name or insignia already registered pursuant to the provisions of ORS 649.010 to 649.060.

649.030 Unauthorized use of registered insignia. No person shall willfully wear, exhibit, display, print or use, for any purpose, the insignia of any organization registered under ORS 649.010 to 649.060 unless the person is entitled to use and wear the insignia under the constitution and bylaws, rules and regulations of the organization.

649.040 Application for registration, alteration or cancellation; certificate of registration. Application for registration, alteration or cancellation shall be made by the chief officer or officers of the organization upon blanks provided by the Secretary of State. Upon granting registration, the Secretary of State shall issue a certificate to the applicant, setting forth the fact of registration. [Amended by 1991 c.132 §26]

649.050 Record of registration. The Secretary of State shall keep a properly indexed record of the registration provided for by ORS 649.010 to 649.060 and of any altered or canceled registration.

649.060 Exclusive right to register. Any organization organized and existing on June 8, 1933, which had adopted any name or insignia has exclusive rights to the registration of such name and insignia officially adopted and in use by it at that time.

649.070 Protection of distinguishing blanks and marks filed by telegraph company. The president or secretary of any telegraph company in this state may file in the office of the county clerk of the county in which the principal office of the company is situated, a copy of any printed blank or envelope, picture or device, used or intended to be used by the company, with the certificate of the president or secretary that the same is commonly used, or is intended so to be, in the business of the company, as a distinguishing mark, notice, or index of the business. Thereupon the blank envelope, picture or device shall become the property of the company and no person, unless by the employment or permission of the company, shall willfully print, publish, distribute or use, or cause to be printed, published, distributed, or used, either of them, or any copy, counterfeit, or imitation thereof.

649.080 Unauthorized display of insignia of motor vehicle association. No person shall display upon any motor vehicle the insignia of any motor vehicle club or similar organization unless the person is entitled, under the constitution, bylaws, rules or regulations of the club or organization, to use the insignia. [Amended by 2003 c.45 §2]

649.090 Filing, service, copying and certification fees. The Secretary of State shall collect the fees described in ORS 56.140 for each document delivered for filing under ORS 649.010 to 649.060. The secretary may collect the fees described in ORS 56.140 for copying any public record registered or filed under ORS 649.010 to 649.060, certifying the copy or certifying to other facts of record under ORS 649.010 to 649.060. [1991 c.132 §28; 1999 c.652 §19; 2003 c.45 §3]

649.990 Penalties. (1) Violation of ORS 649.030 is a Class D violation.

(2) Intentional violation of ORS 649.070 is a Class B misdemeanor.

(3) Violation of ORS 649.080 is a Class C misdemeanor. [Amended by 1971 c.743 §403; 1983 c.740 §238; 1983 c.338 §962; 1985 c.16 §475; 1999 c.1051 §214; 2011 c.597 §261]

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