(1) Subject to the limitations set forth in this chapter, a person who uses a mark may file an application to register the mark with the Secretary of State in a manner that complies with the Secretary of State’s requirements. The application must set forth at least the following information:

Terms Used In Oregon Statutes 647.015

  • Applicant: means a person that files an application to register a mark under this chapter, and the person's legal representatives, successors or assigns. See Oregon Statutes 647.005
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Mark: means a trademark or service mark entitled to registration under this chapter whether registered or not. See Oregon Statutes 647.005
  • Oath: A promise to tell the truth.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means an individual, firm, partnership, corporation, association, limited liability company, union or other organization capable of suing or being sued in a court. See Oregon Statutes 647.005
  • Trademark: means a word, name, symbol or device or a combination of words, names, symbols or devices that a person uses to identify and distinguish the person's goods, including a unique product, from another person's goods and to indicate the source of the goods, even if the source is unknown. See Oregon Statutes 647.005
  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
  • Use: means a bona fide use of a mark as described in ORS 647. See Oregon Statutes 647.005

(a) The name and business address of the person applying for registration. If the person is a corporation, the application must list the state of incorporation. If the person is a partnership, the application must list the state in which the partnership is organized and the names of the general partners. If the person is a limited liability company, the application must list the state in which the limited liability company was formed.

(b) The goods or services on or in connection with which the mark is used, the mode or manner in which the mark is used on or in connection with the goods or services and the class into which the goods or services fall.

(c) The date when the mark was first used anywhere and the date when the applicant or a predecessor in interest first used the mark in this state.

(d) A statement that:

(A) The applicant owns the mark;

(B) The mark is in use; and

(C) To the knowledge of the person that is verifying the application, no other person has registered the mark with the federal government or in this state or has the right to use the mark or a mark that so resembles the mark as to be likely to cause confusion or mistake or to deceive when applied to the goods or services of the other person.

(2) As part of the application, the Secretary of State may require the applicant to:

(a) State whether the applicant or a predecessor in interest has filed an application to register the mark or portions or a composite of the mark with the United States Patent and Trademark Office and, if so, provide:

(A) The filing date and serial number of each application filed in connection with the mark;

(B) The status of the application; and

(C) The reasons why the mark was finally refused registration or an application did not otherwise result in a registration, if the mark was refused registration or the application did not result in a registration.

(b) Provide a drawing of the mark that complies with the Secretary of State’s requirements.

(3) The applicant, a member of the firm applying or an officer of the corporation, limited liability company or association applying to register the mark shall sign and verify the application by oath, affirmation or declaration under penalty of perjury.

(4) The applicant as part of the application shall submit one specimen of the mark as actually used. [1961 c.497 § 3; 1965 c.511 § 2; 1971 c.318 § 2; 1985 c.728 § 84; 1991 c.132 § 20; 2009 c.459 § 5]