648.007
Requirement to register assumed business name and service mark; exceptions. (1) No person shall carry on,
conduct or transact business under an assumed business name in a county where
the business is located, where a physical facility of the business is located
or where an employee of the business is stationed, unless the person has
registered the assumed business name as provided in this chapter and maintains
a current registration.
(2) A person
shall register a service mark as an assumed business name if the person carries
on, conducts or transacts business under the service mark and the person does
not disclose conspicuously the person’s real and true name at the time and
place that the person carries on, conducts or transacts business.
(3) ORS 648.010
and subsection (1) of this section do not apply to:
(a) A foreign
corporation that applied for and was issued a certificate of authority prior to
September 20, 1985, and that carries on, conducts or transacts business in this
state exclusively under the name that it stated in its application that it
elects to use in this state, as shown on the records of the Office of the
Secretary of State.
(b) A partnership
which uses the surname of all or some of the partners all of whom are licensed
by a common licensure board or commission.
(c) A mutual and
voluntary association composed of 10 or more farmers and landowners formed for
the purpose of constructing, owning and operating reservoirs, irrigation
ditches and irrigation works. The secretary of each association shall maintain
a complete and current record of the association’s members, and shall furnish a
copy of the record upon request.
(4) Nothing in
this chapter shall preclude a person from registering more than one assumed
business name. [1985 c.728 §92]
Notes of Decisions
Pac. Coast Recovery Serv., Inc. v. Johnston, 184 P.3d 1127 (Or. Ct. App. 2008).
· cites it 17× “Specifically, the trial court determined that, because plaintiff’s assignor had not properly registered its assumed business name under ORS 648.007 at the time this action was filed, plaintiff was precluded, by operation of ORS 648.”
Kelly v. Olinger Travel Homes, Inc., 117 P.3d 282 (Or. Ct. App. 2005).
· cites it 2× “135(2) authorizes a plaintiff to recover $500 in statutory damages if he or she proves that the defendant conducted business under an “assumed business name” in violation of ORS 648.007. Plaintiffs contend that the trial court erroneously concluded that defendant’s corporate…”
Woods v. Carl Karcher Enter. Inc., 122 P.3d 121 (Or. Ct. App. 2005).
· cites it 4× “The dissent implies that plaintiff was somehow required to use the method she did because (1) CSSC had denied the claim; (2) CSSC had not indicated that it would accept service on behalf of defendant or that it was defendant’s registered agent; and (3) defendant had not complied…”
Lemons v. Walgreen Pharmacy Servs. Midwest, LLC (D. Or. 2022).
· cites it 4× “However, this penalty must be tied to an “action or suit in which the cause of action arises out of the defendant’s violation of Or. Rev. Stat. § 648.007 . Lemons did not indicate which cause of action arose out of this alleged violation of Or.”
Wright v. Violet Energy, Inc. (D. Or. 2024).
· cites it 2× “2, 2020) (citing Or. Rev. Stat. § 648.007 ). The ABNA “provides for statutory damages of $500 or actual costs that ‘the plaintiff reasonably incurred to ascertain the real and true name of the defendant’ when a cause of action arises out of business the defendant conducted as an…”
Wasoski (D. Or. 2026).
· cites it 2× “BACKGROUND Plaintiff filed her Complaint in Jackson County Circuit Court (25-CV-51791), on September 19, 2025, alleging claims under the Fair Debt Collection Practices Act, the Oregon Unlawful Collection Practices Act, and Or. Rev. Stat. § 648.007 . Plaintiff brings her claims…”
Mary's River Lumber Co. v. Sullivan, 768 P.2d 939 (Or. Ct. App. 1989).
· cites it 2× “ORS 648.007 prohibits the conducting of business under an assumed business name unless it has been registered pursuant to ORS chapter 648.”
— Or. Rev. Stat. § 648.007(1) — 1 case
Pac. Coast Recovery Serv., Inc. v. Johnston, 184 P.3d 1127 (Or. Ct. App. 2008).
“Specifically, the trial court determined that, because plaintiff’s assignor had not properly registered its assumed business name under ORS 648.007 at the time this action was filed, plaintiff was precluded, by operation of ORS 648.”
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