(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 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. The Secretary of State shall evaluate the application as provided in ORS 647.029 and 647.035, shall determine whether the label, trademark, term, design, device or form of advertisement is in use as provided in ORS 647.017 and may issue a certificate of registration for the label, trademark, term, design, device or form of advertisement as provided in ORS 647.045. (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; (b) Subject to renewal as provided in ORS 647.055; and (c) Subject to cancellation as provided in ORS 647.075. (3) For registrations under this section, the Secretary of State shall collect fees as provided in ORS 647.009. (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. (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 for actions to compel or cancel registrations for marks. [Amended by 1991 c.132 29; 2015 c.277 10]
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