Or. Admin. Code § 177-010-0110

Current through Register Vol. 63, No. 11, November 1, 2024

Section 177-010-0110 - Lottery Trade or Service Marks

(1)Public Display, Use, or Publication of Trademarks and Service Marks: The Lottery's trademarks and service marks include, but are not limited to, the Lottery's name and logo; game names, logos, and taglines; and licensed game names and logos that the Lottery has contractual authority to use. The public display, publication, or other use of the Lottery's trademarks and service marks is permitted only after the Director or the Director's designee:

(a) Provides written approval of a request for the display, publication, or other use; or

(b) Enters into a license agreement with the requestor for the display, publication, or other use.

(2)Request Requirements: All requests for display, publication, or other use of the Lottery's trademarks and service marks must be in writing and must include the following:

(a) A sample showing the proposed use of the trademark or service mark in a display, publication, or other use; and

(b) An explanation of how and where the trademark or service mark will be displayed, published, or otherwise used.

(3)Director's Approval: The Director or the Director's designee has sole and exclusive discretion whether or not to approve a request and to determine the conditions applying to use of the trademark or service mark. The Director or the Director's designee may require the requestor to enter into a licensing agreement before use of a trademark or service mark is authorized.

(4)Rights: This rule shall not be construed to grant or create any right to display, publish, or otherwise use, in any manner, in whole or in part, any of the Lottery's trademarks or service marks. The Lottery may take any action that the Lottery deems necessary to enforce its rights in its trademarks and service marks.

Or. Admin. Code § 177-010-0110

LC 4-1994, f. 3-31-94, cert. ef. 4-1-94; Administrative Correction 4-15-98; LOTT 10-2002(Temp), f. 9-6-02, cert. ef. 9-9-02 thru 3-6-03; LOTT 21-2002, f. & cert. ef. 11-25-02; LOTT 3-2008, f. 6-30-08, cert. ef. 7-1-08

Stat. Auth.: OR Const. Art. XV, Sec. 4(4)

Stats. Implemented: ORS 461.150