Chapter 532 — Brandingof Forest Products and Booming Equipment

 

2009 EDITION

 

 

BRANDINGOF FOREST PRODUCTS

 

FORESTRYAND FOREST PRODUCTS

 

BRANDING

 

532.010 Definitionsfor ORS 532.010 to 532.140

 

532.020 Brandingforest products and booming equipment required; rules

 

532.030 Brandingoptional east of crest of Cascade Mountains

 

532.040 Ownershipof forest products and booming equipment presumed from registered brands orcatch brands thereupon

 

532.050 Applicationfor registration of brand; registration; rejection

 

532.060 Applicationfor registration of catch brand

 

532.070 Certifiedcopy of brand registration as evidence of registration and ownership

 

532.080 Markor brand assignable; procedure

 

532.090 Cancellationof registered brand or mark

 

532.100 Renewaland abandonment of marks or brands; reissue of abandoned or canceled brand

 

532.110 Fees

 

532.120 Dispositionof fees

 

532.130 Prohibitionsgenerally

 

532.140 Prohibitedacts relating to branding or marking if intended to injure or defraud

 

PENALTIES

 

532.990 Penalties

 

BRANDING

 

532.010Definitions for ORS 532.010 to 532.140. 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, asprovided by rule and regulation of the State Forester; but any brands in useand registered with the Public Utility Commission on October 1, 1951, with theexception of those brands enclosed in the letter “C,” the use of which isparticularly reserved for catch brands, may be continued in use, subject to theother provisions of ORS 532.010 to 532.140.

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

(4)“Forest products” means any form, including but not limited to logs, poles andpiles, 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 thisstate, used by the public or dedicated or appropriated to public use.

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

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

(8)“Waters of this state” includes all bodies of fresh and salt water within thejurisdiction of the state capable of being used for the transportation offorest products, and all rivers and lakes and their tributaries, harbors, bays,sloughs and marshes. [Amended by 1961 c.253 §1]

 

532.020Branding forest products and booming equipment required; rules. (1) Except asprovided in ORS 532.030, every person who puts into any of the waters of thisstate, ships on any motor vehicle or railroad any forest products, or uses anybooming equipment as a part of an operation in securing, rafting or floatingforest products, shall have a mark or brand previously selected by the personand registered in the manner provided in ORS 532.010 to 532.140 plainlyimpressed or cut in a conspicuous place on the forest products and booming equipmentin 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 toaccomplish the purposes of ORS 532.010 to 532.140. [Amended by 1961 c.253 §2]

 

532.030Branding optional east of crest of Cascade Mountains. In view of thedifferent conditions obtaining in the logging industry of this state betweenthe parts of the state lying respectively east and west of the crest of theCascade Mountains, forest products may be put into the waters of this state orshipped on railroads or motor vehicles without having thereon a registered markor brand as required in ORS 532.010 to 532.140, within that portion of thestate lying east of the crest of the Cascade Mountains; and the penaltiesprovided in ORS 532.990 for failure to mark or brand such forest products shallnot apply. However, any person operating within the east side portion of thestate may select a mark or brand and cause it to be registered in the office ofthe State Forester pursuant to the terms of ORS 532.010 to 532.140 and use itfor 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 inmarking or branding forest products or booming equipment, the provisions of ORS532.010 to 532.140 shall apply to the forest products and booming equipment somarked or branded.

 

532.040Ownership of forest products and booming equipment presumed from registeredbrands or catch brands thereupon. All forest products and boomingequipment having impressed thereupon a registered brand as provided in ORS532.010 to 532.140 are presumed to belong to the person appearing on therecords in the office of the State Forester as the owner of the brand. However,all forest products having impressed thereupon also a registered catch brandare presumed to belong to the owner of the registered catch brand, unless thereare impressed thereupon more than one registered catch brand, in which eventthey shall be presumed to belong to the owner whose registered catch brand wasplaced thereupon latest in point of time.

 

532.050Application for registration of brand; registration; rejection. (1) Everyperson selecting a brand, before using it, shall make application for itsregistration in the office of the State Forester by depositing therein animpression stamped on a designated form, together with, in duplicate, a writtenstatement 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 thetime of its adoption by the person, was not in use to the knowledge of theperson by any other person and that the person has selected it in good faithfor 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 beused by the person as a part of the operations in securing, rafting or floatingforest products.

(2)The State Forester, upon the receipt of the application and the fee provided inORS 532.110, if the State Forester finds that the brand is not identical withany other brand registered in the office of the State Forester or does not soclosely resemble one registered therein as to be confused therewith, shall filein the office of the State Forester the impression or drawing and one copy ofthe written statement and shall register the brand in a book to be provided bythe State Forester and kept for the purpose and known as the Forest ProductsBrand 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 fitto enter therein. The State Forester shall return to the applicant the othercopy of the written statement as evidence that the brand has been dulyregistered in accordance with the provisions of ORS 532.010 to 532.140 and thatthe applicant is the registered owner. The State Forester, in the event ofrefusal to register a brand on account of confliction with or resemblance toone already registered, shall immediately give notice of that fact to theapplicant, who may select another brand and apply for its registration in themanner of an original application.

 

532.060Application for registration of catch brand. Every person desiring to use acatch brand as an identifying mark upon forest products or booming equipmentpurchased or lawfully acquired by the person from another shall, before usingit, make application for its registration in the office of the State Foresterin the manner prescribed for the registration of brands, and the provisionscontained in ORS 532.010 to 532.140 in reference to registration,certifications, assignments and cancellation and the fees to be paid to theState Forester shall apply equally to catch brands. However, the certificate ofthe State Forester shall designate the mark or brand as a catch brand, and themark 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 inconnection with, a catch brand.

 

532.070Certified copy of brand registration as evidence of registration and ownership. A copy of brandregistration certified by the State Forester or the deputy of the StateForester as a true copy and in good standing shall be received in all thecourts of this state as evidence of the due and proper registration of the markor brand and of its ownership.

 

532.080Mark or brand assignable; procedure. Every mark or brand registered underORS 532.010 to 532.140 shall be assignable in law. The State Forester, uponpayment of the fee mentioned in ORS 532.110 and presentation to the StateForester, in duplicate, of an assignment, duly executed and acknowledged by theowner, transferring the mark or brand to a person named therein, shall file onecopy of the assignment in the office of the State Forester and make an entry inthe Forest Products Brand Register of the fact of the assignment, the date, thename of the assignee and such other details as the State Forester may see fitto enter therein. The State Forester shall return to the assignee the othercopy of the assignment, with a certificate attached thereto, signed by theState Forester or the employee of the State Forester, to the effect that themark or brand has been duly registered in accordance with the provisions of ORS532.010 to 532.140 and assigned to the assignee and that the assignee is theregistered owner. The assignee, upon the due registration of the assignment asherein provided, shall become the owner of the mark or brand with the fullright of exclusive use to the same extent as though the assignee had been theoriginal owner.

 

532.090Cancellation of registered brand or mark. The State Forester, upon the petitionof the owner of a registered mark or brand, may cause the registration thereofto be canceled, and in the event of such cancellation, the mark or brand shallbe open to registration by any person subsequently applying therefor.

 

532.100Renewal and abandonment of marks or brands; reissue of abandoned or canceledbrand.(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 renewthem. Upon receipt of the fee provided for in ORS 532.110, the State Forestershall give a renewal certificate, which shall give the holder and owner theexclusive right to continue the use of the brand or mark within Oregon. If anyowner of a brand or mark which is on record fails or refuses to pay therenewing fee within three months after notification, such brand shall becomeforfeited 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 brandwhich 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 provisionsshall be deemed an abandonment of the same. Any other person shall be atliberty to adopt or use the abandoned mark or brand; but the other person shallnot claim or use it until after it has been recorded in the other person’s ownname, in the manner provided in ORS 532.010 to 532.140. However, no abandonedor canceled brand may be reissued for a period of one year after suchabandonment or cancellation, except to the previous owner or the assignee ofthe previous owner. In case of a dispute as to the right of any person to theuse of such mark or brand, the State Forester shall determine which of theapplicants is entitled to its use. [Amended by 1957 c.127 §1]

 

532.110Fees.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 andregistering such assignment, including the certificate, $20.

(3)For every other certificate of registration, including a copy of the writtenstatement 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]

 

532.120Disposition of fees.All fees collected by the State Forester under ORS 532.010 to 532.140 shall bepaid into the State Treasury, credited to the State Forestry Department Accountand available for expenses associated with ORS 532.010 to 532.140. [Amended by1957 c.459 §5; 1961 c.253 §3; 1967 c.34 §6; 1989 c.767 §2]

 

532.130Prohibitions generally. (1) No person, unless permitted to do so under ORS532.030, shall:

(a)Put into any of the waters of this state or ship on any railroad or motorvehicle any forest products, or use any booming equipment as a part of theoperation of the person in securing, rafting or floating forest products,without having plainly impressed or cut in a conspicuous place on each suchstick or piece of forest products, and on any piece of booming equipment soused, a mark or brand previously registered as required by the terms of ORS532.010 to 532.140.

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

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

(d)Impress or cut a catch brand that has not been registered under the terms ofORS 532.010 to 532.140 upon or into any forest products or booming equipmentupon which there is or should be a registered mark or brand as required by theterms 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 orlawfully 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 ofcatching or reclaiming and holding or disposing of forest products for thebenefit of the owners and authorized to do business under the laws of thisstate.

(3)In the case of a motor vehicle carrying more than three logs, branding of notless than three logs shall be considered compliance with the provisions ofsubsection (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]

 

532.140Prohibited acts relating to branding or marking if intended to injure ordefraud.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 inORS 532.010 to 532.140 and use it in marking or branding forest products orbooming equipment.

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

(3)Sell, encumber or otherwise dispose of or deal in, or appropriate to the ownuse of the person, any forest products or booming equipment having impressedthereupon a mark or brand registered as required by the terms of ORS 532.010 to532.140.

(4)Buy or otherwise acquire or deal in any forest products or booming equipmenthaving impressed thereupon a registered mark or brand.

 

532.510 [1957 c.668 §1;1959 c.111 §1; 1983 c.89 §1; repealed by 1993 c.47 §1]

 

532.520 [1957 c.668 §2;1983 c.89 §2; repealed by 1993 c.47 §1]

 

532.530 [1957 c.668 §3;1961 c.174 §1; 1983 c.89 §3; 1991 c.331 §77; repealed by 1993 c.47 §1]

 

532.535 [1973 c.45 §2;1983 c.89 §4; repealed by 1993 c.47 §1]

 

532.540 [1957 c.668 §4(1),(2); 1983 c.89 §5; repealed by 1993 c.47 §1]

 

532.550 [1957 c.668 §5(1),(2), (4); 1959 c.111 §2; repealed by 1983 c.89 §6 (532.551 enacted in lieu of532.550)]

 

532.551 [1983 c.89 §7(enacted in lieu of 532.550); repealed by 1993 c.47 §1]

 

532.560 [1957 c.668 §5(3);1983 c.89 §8; 1983 c.740 §210; repealed by 1993 c.47 §1]

 

532.570 [1957 c.668 §6;1983 c.89 §9; repealed by 1993 c.47 §1]

 

532.580 [1957 c.668 §15;1983 c.89 §10; 1991 c.249 §41; repealed by 1993 c.47 §1]

 

532.590 [1957 c.668 §8;subsection (2) enacted as 1957 c.668 §4(3); 1983 c.89 §11; repealed by 1993c.47 §1]

 

532.600 [1957 c.668 §23;repealed by 1993 c.47 §1]

 

532.610 [1957 c.668 §9;1983 c.89 §12; repealed by 1993 c.47 §1]

 

532.620 [1957 c.668 §10;1983 c.89 §13; repealed by 1993 c.47 §1]

 

532.630 [1957 c.668 §7;repealed by 1993 c.47 §1]

 

532.640 [1957 c.668 §12;repealed by 1993 c.47 §1]

 

532.650 [1957 c.668 §11;repealed by 1993 c.47 §1]

 

532.660 [1957 c.668 §17;repealed by 1993 c.47 §1]

 

532.670 [1957 c.668 §13;1983 c.89 §14; repealed by 1993 c.47 §1]

 

532.680 [1957 c.668 §14;1991 c.249 §42; repealed by 1993 c.47 §1]

 

532.690 [1957 c.668 §16;repealed by 1993 c.47 §1]

 

532.700 [1957 c.668 §18;1983 c.89 §15; repealed by 1993 c.47 §1]

 

532.710 [1957 c.668 §19;1967 c.34 §7; repealed by 1993 c.47 §1]

 

532.720 [1959 c.111 §3;repealed by 1993 c.47 §1]

 

PENALTIES

 

532.990Penalties.(1) Violation of any of the provisions of ORS 532.130 is punishable, uponconviction, by a fine of not less than $500 nor more than $1,000 or byimprisonment in the county jail for not less than 60 days nor more than 180days, or both.

(2)Violation of any of the provisions of ORS 532.140 is a felony and ispunishable, 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 aperiod 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 TO535

 

[Reserved forexpansion]