service mark

  • 1.

    "Service mark" means any word, name, symbol, device or any combination thereof used by a person in the sale or advertising of services to identify the person's services and to distinguish them from the services of others.

    (2) For the purposes of this chapter, a mark shall be deemed to be "used" in this state:

    (a) On goods when it is placed in any manner on the goods or their containers or the displays associated therewith or on the tags or labels affixed thereto and such goods are sold or otherwise distributed in this state; and

    (b) On services when it is used or displayed in the sale or advertising of services and the services are rendered in this state.

    (3) For purposes of this chapter, a mark shall be deemed to be "abandoned" in this state when either of the following occurs:

    (a) When its use has been discontinued with intent not to resume. Intent not to resume may be inferred from the circumstances. Nonuse for two consecutive years shall be prima facie evidence of abandonment. "Use" of a mark means the bona fide use of that mark made in the ordinary course of trade and not made merely to reserve a right in a mark; or

    (b) When any course of conduct of the registrant, including acts of omission as well as commission, causes the mark to become the generic name for the goods or services on or in connection with which it is used, or otherwise to lose its significance as a mark. Purchaser motivation shall not be a test for determining abandonment under this paragraph. [1961 c.497 §1; 1965 c.511 §1; 1981 c.633 §71; 1989 c.931 §1; 1999 c.722 §7]

    Oregon Legislature 1
    See also mark
  • 2.

    "Service mark" has the meaning given in ORS 647.005 (Definitions). [1963 c.551 §1; 1967 c.269 §5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105; 1995 c.454 §3]

    Oregon Legislature 2