ORS 647.145: Trademark counterfeiting in second degree; penalty.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) A person commits the crime of trademark counterfeiting in the second degree if the person: (a) Commits trademark counterfeiting as described in ORS 647.135 and: (A) Has one prior conviction for trademark counterfeiting in any degree; (B) The total number of items bearing the counterfeit mark is more than 100 but less than 1,000; or (C) The total retail value of all of the items bearing the counterfeit mark or services that are identified by the counterfeit mark is more than $1,000 but less than $10,000. (b) Knowingly manufactures or produces with intent to sell or distribute any item that bears a counterfeit mark or any service that is identified by a counterfeit mark. (2) Trademark counterfeiting in the second degree is a Class C felony. However, notwithstanding ORS 161.655, if the person is convicted under: (a) Subsection (1)(a)(A) of this section and is a corporation, the maximum fine that may be imposed is $200,000. (b) Subsection (1)(b) of this section and the person has one prior conviction for trademark counterfeiting in any degree and is a corporation, the maximum fine that may be imposed is $200,000. [1999 c.722 §4]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
This rule cites
- ORS 647.135 — resolved
- ORS 161.655 — resolved
Cited by
- ORS 166.715: Definitions for ORS 166.715 to 166.735.
- ORS 647.150: Trademark counterfeiting in first degree; penalty.
- ORS 647.155: Seizure, forfeiture and disposal.
- OAR 213-017-0006: Crime Category 6
- OAR 213-017-0007: Crime Category 5
- OAR 213-017-0008: Crime Category 4
- OAR 213-017-0009: Crime Category 3
- OAR 213-017-0010: Crime Category 2
- OAR 213-018-0050: Property Offenses
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors647.html