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] (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. 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.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] 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. 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.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.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] 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](1) Violation of ORS 649.030 is a Class D
violation. Default in the payment of a fine shall be dealt with as
provided in ORS 161.675.
(2) Intentional violation of ORS 649.070 is punishable, upon
conviction, by a fine not to exceed $500 or imprisonment not to exceed
six months.
(3) Violation of ORS 649.080 is punishable:
(a) Upon conviction, by a fine of not more than $100 or by
imprisonment for not more than 10 days.
(b) Upon a second such conviction within one year after the first
conviction, by a fine of not more than $200 or by imprisonment for not
more than 20 days, or both.
(c) Upon a third or subsequent conviction within one year after the
first conviction, by a fine of not more than $500 or by imprisonment for
not more than six months, or both. [Amended by 1971 c.743 §403; 1983
c.740 §238; 1983 c.338 §962; 1985 c.16 §475; 1999 c.1051 §214]
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