USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 532 Branding of Forest Products and Booming Equipment
For purposes of ORS
532.010 to 532.140, unless the context or subject matter otherwise
requires:

(1) “Booming equipment” includes boom sticks.

(2) “Brand” means an identifying mark upon forest products or
booming equipment, as provided by rule and regulation of the State
Forester; but any brands in use and registered with the Public Utility
Commission on October 1, 1951, with the exception of those brands
enclosed in the letter “C,” the use of which is particularly reserved for
catch brands, may be continued in use, subject to the other provisions of
ORS 532.010 to 532.140.

(3) “Catch brand” means a mark of brand used by a person as an
identifying mark upon forest products and booming equipment previously
owned by another.

(4) “Forest products” means any form, including but not limited to
logs, poles and piles, into which a fallen tree may be cut before it
undergoes manufacturing, but not including peeler cores.

(5) “Highway” means every street, alley, road, highway and
thoroughfare in this state, used by the public or dedicated or
appropriated to public use.

(6) “Motor vehicle” means any self-propelled or motor driven
vehicle or any train or combination of vehicles used upon any highway in
this state in transporting forest products.

(7) “Railroad” means any self-propelled vehicle or any train or
combination of vehicles operating wholly on fixed rails or tracks.

(8) “Waters of this state” includes all bodies of fresh and salt
water within the jurisdiction of the state capable of being used for the
transportation of forest products, and all rivers and lakes and their
tributaries, harbors, bays, sloughs and marshes. [Amended by 1961 c.253
§1](1) Except as provided in ORS 532.030, every person who puts into
any of the waters of this state, ships on any motor vehicle or railroad
any forest products, or uses any booming equipment as a part of an
operation in securing, rafting or floating forest products, shall have a
mark or brand previously selected by the person and registered in the
manner provided in ORS 532.010 to 532.140 plainly impressed or cut in a
conspicuous place on the forest products and booming equipment in a
manner as required by the rules and regulations of the State Forester.

(2) The State Forester hereby is authorized to issue rules and
regulations to accomplish the purposes of ORS 532.010 to 532.140.
[Amended by 1961 c.253 §2] In
view of the different conditions obtaining in the logging industry of
this state between the parts of the state lying respectively east and
west of the crest of the Cascade Mountains, forest products may be put
into the waters of this state or shipped on railroads or motor vehicles
without having thereon a registered mark or brand as required in ORS
532.010 to 532.140, within that portion of the state lying east of the
crest of the Cascade Mountains; and the penalties provided in ORS 532.990
for failure to mark or brand such forest products shall not apply.
However, any person operating within the east side portion of the state
may select a mark or brand and cause it to be registered in the office of
the State Forester pursuant to the terms of ORS 532.010 to 532.140 and
use it for the purpose of marking or branding forest products and booming
equipment. In the event of the registration of such mark or brand and the
use of it in marking or branding forest products or booming equipment,
the provisions of ORS 532.010 to 532.140 shall apply to the forest
products and booming equipment so marked or branded.All forest products and
booming equipment having impressed thereupon a registered brand as
provided in ORS 532.010 to 532.140 are presumed to belong to the person
appearing on the records in the office of the State Forester as the owner
of the brand. However, all forest products having impressed thereupon
also a registered catch brand are presumed to belong to the owner of the
registered catch brand, unless there are impressed thereupon more than
one registered catch brand, in which event they shall be presumed to
belong to the owner whose registered catch brand was placed thereupon
latest in point of time.(1) Every person selecting a brand, before using it, shall
make application for its registration in the office of the State Forester
by depositing therein an impression stamped on a designated form,
together with, in duplicate, a written statement duly signed and verified
by the person or the agent of the person, containing a description of the
brand and declaring that it is not, and at the time of its adoption by
the person, was not in use to the knowledge of the person by any other
person and that the person has selected it in good faith for branding
forest products to be transported on motor vehicles or railroads, or
floated or rafted in the waters of this state, or booming equipment to be
used by the person as a part of the operations in securing, rafting or
floating forest products.

(2) The State Forester, upon the receipt of the application and the
fee provided in ORS 532.110, if the State Forester finds that the brand
is not identical with any other brand registered in the office of the
State Forester or does not so closely resemble one registered therein as
to be confused therewith, shall file in the office of the State Forester
the impression or drawing and one copy of the written statement and shall
register the brand in a book to be provided by the State Forester and
kept for the purpose and known as the Forest Products Brand Register,
entering therein the name of the owner, character of the brand, date of
registration and such other details as the State Forester may see fit to
enter therein. The State Forester shall return to the applicant the other
copy of the written statement as evidence that the brand has been duly
registered in accordance with the provisions of ORS 532.010 to 532.140
and that the applicant is the registered owner. The State Forester, in
the event of refusal to register a brand on account of confliction with
or resemblance to one already registered, shall immediately give notice
of that fact to the applicant, who may select another brand and apply for
its registration in the manner of an original application. Every person
desiring to use a catch brand as an identifying mark upon forest products
or booming equipment purchased or lawfully acquired by the person from
another shall, before using it, make application for its registration in
the office of the State Forester in the manner prescribed for the
registration of brands, and the provisions contained in ORS 532.010 to
532.140 in reference to registration, certifications, assignments and
cancellation and the fees to be paid to the State Forester shall apply
equally to catch brands. However, the certificate of the State Forester
shall designate the mark or brand as a catch brand, and the mark selected
by the applicant as a catch brand shall be enclosed in the letter “C,”
which letter “C” shall identify the mark as, and shall be used only in
connection with, a catch brand.A copy of brand registration certified by the
State Forester or the deputy of the State Forester as a true copy and in
good standing shall be received in all the courts of this state as
evidence of the due and proper registration of the mark or brand and of
its ownership. Every mark or brand
registered under ORS 532.010 to 532.140 shall be assignable in law. The
State Forester, upon payment of the fee mentioned in ORS 532.110 and
presentation to the State Forester, in duplicate, of an assignment, duly
executed and acknowledged by the owner, transferring the mark or brand to
a person named therein, shall file one copy of the assignment in the
office of the State Forester and make an entry in the Forest Products
Brand Register of the fact of the assignment, the date, the name of the
assignee and such other details as the State Forester may see fit to
enter therein. The State Forester shall return to the assignee the other
copy of the assignment, with a certificate attached thereto, signed by
the State Forester or the employee of the State Forester, to the effect
that the mark or brand has been duly registered in accordance with the
provisions of ORS 532.010 to 532.140 and assigned to the assignee and
that the assignee is the registered owner. The assignee, upon the due
registration of the assignment as herein provided, shall become the owner
of the mark or brand with the full right of exclusive use to the same
extent as though the assignee had been the original owner. The State
Forester, upon the petition of the owner of a registered mark or brand,
may cause the registration thereof to be canceled, and in the event of
such cancellation, the mark or brand shall be open to registration by any
person subsequently applying therefor.(1) The State Forester shall, each five-year
period after October 1, 1951, notify the owners of all log marks or
brands then of record in Oregon to renew them. Upon receipt of the fee
provided for in ORS 532.110, the State Forester shall give a renewal
certificate, which shall give the holder and owner the exclusive right to
continue the use of the brand or mark within Oregon. If any owner of a
brand or mark which is on record fails or refuses to pay the renewing fee
within three months after notification, such brand shall become forfeited
and be no longer carried on the records.

(2) On or after January 1, 1952, no person shall claim or own any
log mark or brand which has not been renewed in accordance with the
provisions of this section, and any failure to renew the log mark or
brand as required by such provisions shall be deemed an abandonment of
the same. Any other person shall be at liberty to adopt or use the
abandoned mark or brand; but the other person shall not claim or use it
until after it has been recorded in the other person’s own name, in the
manner provided in ORS 532.010 to 532.140. However, no abandoned or
canceled brand may be reissued for a period of one year after such
abandonment or cancellation, except to the previous owner or the assignee
of the previous owner. In case of a dispute as to the right of any person
to the use of such mark or brand, the State Forester shall determine
which of the applicants is entitled to its use. [Amended by 1957 c.127 §1] The fees to be paid to the State Forester are as
follows:

(1) For filing an application to register a mark or brand and
registering the same, including the certificate, $20.

(2) For filing an application for an assignment of a registered
mark or brand and registering such assignment, including the certificate,
$20.

(3) For every other certificate of registration, including a copy
of the written statement or assignment, $20.

(4) For each copy of any drawing, the reasonable expense of
preparing it.

(5) For renewing brands or marks, $20. [Amended by 1975 c.463 §1;
1989 c.767 §1] All fees collected by the State
Forester under ORS 532.010 to 532.140 shall be paid into the State
Treasury, credited to the State Forestry Department Account and available
for expenses associated with ORS 532.010 to 532.140. [Amended by 1957
c.459 §5; 1961 c.253 §3; 1967 c.34 §6; 1989 c.767 §2] (1) No person, unless permitted to
do so under ORS 532.030, shall:

(a) Put into any of the waters of this state or ship on any
railroad or motor vehicle any forest products, or use any booming
equipment as a part of the operation of the person in securing, rafting
or floating forest products, without having plainly impressed or cut in a
conspicuous place on each such stick or piece of forest products, and on
any piece of booming equipment so used, a mark or brand previously
registered as required by the terms of ORS 532.010 to 532.140.

(b) Have or take in tow or into custody or possession or under
control of the person, without the authorization of the owner of a
registered mark or brand thereon, any forest products or booming
equipment having thereupon a mark or brand registered as required by the
terms of ORS 532.010 to 532.140 or, with or without such authorization,
any forest products or booming equipment required to be branded under the
terms of ORS 532.010 to 532.140 with a registered mark or brand and
having no registered mark or brand impressed thereupon or cut therein.

(c) Impress upon or cut in any forest products or booming equipment
a mark or brand that is false, forged or counterfeit.

(d) Impress or cut a catch brand that has not been registered under
the terms of ORS 532.010 to 532.140 upon or into any forest products or
booming equipment upon which there is or should be a registered mark or
brand as required by the terms of ORS 532.010 to 532.140 or a catch
brand, whether registered or not, upon any forest products or booming
equipment that has not been purchased or lawfully acquired by the person
from the owner.

(2) Subsection (1)(b) of this section shall not apply to:

(a) Railroads.

(b) Log patrol or salvage companies organized as corporations for
the purpose of catching or reclaiming and holding or disposing of forest
products for the benefit of the owners and authorized to do business
under the laws of this state.

(3) In the case of a motor vehicle carrying more than three logs,
branding of not less than three logs shall be considered compliance with
the provisions of subsection (1)(a) of this section. [Amended by 1957
c.668 §21; 1973 c.800 §1; 1975 c.729 §1; 1993 c.47 §2; 1993 c.469 §8]No person, with an intent to injure or defraud the
owner, shall:

(1) Falsely make, forge or counterfeit a mark or brand registered
as provided in ORS 532.010 to 532.140 and use it in marking or branding
forest products or booming equipment.

(2) Cut out, destroy, alter, deface or obliterate any registered
mark or brand impressed upon or cut into any forest products or booming
equipment.

(3) Sell, encumber or otherwise dispose of or deal in, or
appropriate to the own use of the person, any forest products or booming
equipment having impressed thereupon a mark or brand registered as
required by the terms of ORS 532.010 to 532.140.

(4) Buy or otherwise acquire or deal in any forest products or
booming equipment having impressed thereupon a registered mark or brand.PENALTIES (1) Violation of any of the provisions of ORS
532.130 is punishable, upon conviction, by a fine of not less than $500
nor more than $1,000 or by imprisonment in the county jail for not less
than 60 days nor more than 180 days, or both.

(2) Violation of any of the provisions of ORS 532.140 is a felony
and is punishable, upon conviction, by a fine of not less than $1,000 nor
more than $5,000 or by imprisonment in the custody of the Department of
Corrections for a period not to exceed two years, or both. [Subsection
(3) enacted as 1957 c.668 §22; 1983 c.89 §16; 1987 c.320 §238; 1993 c.47
§3]

_______________CHAPTERS 533 TO 535[Reserved for expansion]