DIVISION 6. BUSINESS RIGHTS [14000. - 14704.]
Division 6 added by Stats. 1941, Ch. 56.
§§ 14000–14704 · 84 sections
General Provisions §§ 14000–14004 · 5 sections
- § 14000 Definitions in this division shall not affect the construction of the same terms in any other division of this code.
- § 14001 As used in this division, “person” means any person, association, organization, partnership, business trust, limited liability company, or corporation.
- § 14002 Every act which, according to this division, may be done by or to any person, may be done by or to the agent of such person for that purpose, unless a contrary…
- § 14003 As used in this division, “trade union” means any trade union, labor organization, or labor association, organized and existing in this State, whether…
- § 14004 The provisions of this code for the registration and use of trade-marks by trade unions are cumulative to, and are not a limitation upon, the provisions of the…
CHAPTER 1. Good Will §§ 14100–14103 · 4 sections
- § 14100 The “good will” of a business is the expectation of continued public patronage.
- § 14101 The good will of a business does not include a right to use the name of any person from whom the business was acquired.
- § 14102 The good will of a business is property and is transferable.
- § 14103 The person transferring the good will of a business may transfer with it the right of using the name under which the business is conducted.
CHAPTER 2. Model State Trademark Law §§ 14200–14272 · 22 sections
ARTICLE 1. General Provisions §§ 14200–14202 · 2 sections
ARTICLE 2. Application for Registration §§ 14205–14209 · 3 sections
- § 14205 A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it…
- § 14207 (a) Subject to the limitations set forth in this chapter, a person who uses a mark may file with the secretary, on a form prescribed by the secretary, an…
- § 14209 (a) Upon the filing of an application for registration and payment of the application fee, the secretary may cause the application to be examined for…
ARTICLE 3. Certificate of Registration §§ 14215–14217 · 2 sections
- § 14215 (a) Upon compliance by the applicant with the requirements of this chapter, the secretary shall cause a certificate of registration to be issued and delivered…
- § 14217 (a) A registration of mark pursuant to this chapter shall be effective for a term of five years from the date of registration and, upon application filed…
ARTICLE 4. Assignments, Changes of Name, and Other Instruments § 14220 · 1 section
- § 14220 (a) Any mark and its registration hereunder shall be assignable with the good will of the business in which the mark is used, or with that part of the good…
ARTICLE 5. Records § 14225 · 1 section
- § 14225 The secretary shall keep for public examination a record of all marks registered or renewed under this chapter, as well as a record of all documents recorded…
ARTICLE 6. Cancellation § 14230 · 1 section
- § 14230 The secretary shall cancel from the register, in whole or in part, any of the following: (a) Any registration concerning which the secretary receives a…
ARTICLE 7. Classification § 14235 · 1 section
- § 14235 The classification of goods and services shall conform to the classifications adopted by the United States Patent and Trademark Office. A single application…
ARTICLE 8. Fraudulent Registration § 14240 · 1 section
- § 14240 Any person who, either for himself or herself or on behalf of another person, procures the filing or registration of any mark pursuant to this chapter by…
ARTICLE 9. Violations §§ 14245–14259 · 6 sections
- § 14245 (a) A person who does any of the following shall be subject to a civil action by the owner of the registered mark, and the remedies provided in Section 14250:…
- § 14247 (a) Subject to the principles of equity, an owner of a mark that is famous and distinctive, whether inherently or through acquired distinctiveness, shall be…
- § 14250 (a) Any owner of a mark registered under this chapter may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits thereof and any…
- § 14252 The enumeration of any right or remedy herein shall not affect a registrant’s right to prosecute under any penal law of this state, including, but not limited…
- § 14254 (a) Actions to require cancellation of a mark registered pursuant to this chapter or in mandamus to compel registration of a mark pursuant to this chapter…
- § 14259 Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time within common law.
ARTICLE 10. Fees § 14260 · 1 section
- § 14260 Unless specified by the secretary, the fees payable herein are not refundable.
ARTICLE 11. Severability § 14265 · 1 section
- § 14265 If any provision of this chapter, or the application of such provision to any person or circumstance is held invalid, the remainder of this chapter shall not…
ARTICLE 12. Miscellaneous §§ 14270–14272 · 2 sections
CHAPTER 3. Trade Names and Designations §§ 14401–14495 · 48 sections
ARTICLE 1. Trade Names §§ 14401–14405 · 5 sections
- § 14401 Any trade name may be transferred in the same manner as personal property in connection with the good will of the business in which it is used or the part…
- § 14402 Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter.
- § 14403 Every person who has in his possession, or who uses any cask, bottle, vessel, case, cover, label, brand, or other thing bearing, or having in any way connected…
- § 14404 Every person who wilfully defaces, obliterates, or otherwise removes, destroys, or conceals the trade name of another, printed, branded, stamped, engraved,…
- § 14405 Every person who wilfully sells, or traffics in any cask, keg, bottle, vessel, siphon, can, case or other package bearing the trade name of another, printed,…
ARTICLE 1.5. Trade Name Registration §§ 14411–14418 · 8 sections
- § 14411 The filing of any fictitious business name statement by a person required to file such statement pursuant to Section 17910 shall establish a rebuttable…
- § 14412 The rebuttable presumption created by Section 14411 shall be applicable until the fictitious business name statement is abandoned pursuant to Section 17922, or…
- § 14413 For purposes of Section 14411 a fictitious business name statement filed after January 1, 1971, and deemed filed on July 1, 1971, under Section 8 of Chapter…
- § 14414 Nothing in this chapter shall be construed to require or prohibit the filing in any county of any fictitious business name statement if such filing is not…
- § 14415 The filing of articles of incorporation pursuant to Section 200 of the Corporations Code, in the case of a domestic corporation, or the obtaining of a…
- § 14416 If, as to the same or a confusingly similar trade name, in a county, there are both a corporation entitled to the rebuttable presumption created by Section…
- § 14417 The filing of articles of incorporation pursuant to Section 200 of the Corporations Code shall not of itself authorize the use in this state of a corporate…
- § 14418 The filing of any fictitious business name statement pursuant to Section 17910 does not, of itself, authorize the use in this state of a fictitious business…
ARTICLE 2. Container Brands §§ 14425–14438 · 13 sections
- § 14425 As used in this article: (a) “Containers,” “equipment” and “supplies” means containers, equipment or supplies bearing a brand. (b) “Brand” means any mark, name…
- § 14426 Any corporation or association whose members might register a brand under this article, may itself register a brand under this article. As used in this…
- § 14427 Any person, who is engaged in the manufacture, packing, canning, bottling, or selling of any substance in containers with his or her name, or other mark or…
- § 14429 There shall be included as a part of each brand the words, “Registered in California,” or the abbreviation, “Reg. Cal.”
- § 14430 It is unlawful for any person except a person named in subdivision (a) to do any of the acts named in subdivision (b). (a) Persons excepted: (1) The owner of…
- § 14431 The use by any person other than the registrant, or owner of the brand and other than the members of the registrant of any container, supplies or equipment,…
- § 14432 Any person acquiring containers, supplies or equipment, by purchase or other lawful means, and having the written consent provided for in this article is not…
- § 14433 The acceptance by the owner, or any person lawfully entitled to their use, of any money as a deposit to secure the safekeeping and return of containers,…
- § 14434 It is the duty of every person who finds or receives in the regular course of business or in any other manner, any containers, supplies or equipment to make…
- § 14435 (a) Whenever any registrant or any member of the registrant takes an oath before any magistrate that he has reason to believe, and does believe, that any of…
- § 14436 The violation of any of the provisions of this article is a misdemeanor, punishable: (a) For the first offense by imprisonment for not less than 10 days nor…
- § 14437 Every brand registered and published under Chapter 431 of the Statutes of 1921, as amended, prior to the effective date of Chapter 1162 of the Statutes of…
- § 14438 Any registrant whose containers, equipment or supplies are involved in any violation of the provisions of this article may sue the person or persons who…
ARTICLE 3. Farm Names §§ 14460–14465 · 6 sections
- § 14460 “Farm,” as used in this article, includes ranch, estate and villa.
- § 14461 Any farm owner or lessee in this state may register the name of his or her farm with the Secretary of State, and the Secretary of State shall issue a…
- § 14462 Any person selling or marketing the products grown on a farm may use the name of the farm as a trade-mark on the products of the farm, in the same manner as…
- § 14463 Registration under this article shall have the same effect as the registration of a trade-mark.
- § 14464 When any name has been registered as the name of any farm, that name shall not be registered as the name of any other farm in this State, unless designating…
- § 14465 Any person who registers as his own, any name already in use in this State, knowing that the name is already adopted as the name of a farm, or makes use of the…
ARTICLE 4. Laundry Supply Designations §§ 14480–14491 · 12 sections
- § 14480 As used in this article: (a) “Registrant” means any person who files and publishes a name, mark or device under this article. (b) “Supplies” means supplies…
- § 14481 Any person engaged in the business of supplying clean laundered garments, towels, table linen or other articles, the property of the supplier, in a regular…
- § 14482 In order to register a name, mark or device under this article, the supplier shall do all of the following: (a) File in the office of the Secretary of State a…
- § 14483 The registrant shall pay to the Secretary of State for filing each laundry supply designation described and for issuing a certificate of filing a fee as set…
- § 14484 It is unlawful for any persons except a person named in subdivision (a) to do any of the acts named in subdivision (b): (a) Persons excepted: (1) The…
- § 14485 The acceptance by the registrant of any sum of money as a deposit to secure the safekeeping and return of the supplies does not constitute a sale of the…
- § 14486 The use by any person, other than the registrant of any supplies without the written consent provided in this article or the possession of supplies so marked…
- § 14487 Any person or any member of any firm, corporation or association acquiring supplies by purchase or other lawful means and having the written consent provided…
- § 14488 It is the duty of every person who finds or receives in the regular course of business or in any other manner, any supplies to make diligent effort to find the…
- § 14489 Whenever the registrant or any member of any corporation or association which is the registrant takes an oath before any magistrate that he has reason to…
- § 14490 If the magistrate finds that any person brought before him has been guilty of a violation of this article he shall impose the punishment prescribed in this…
- § 14491 The violation of any of the provisions of this article is a misdemeanor, except that if the violation consists of unlawfully using, selling, or secreting in…
ARTICLE 5. Names Other Than Trade Names §§ 14492–14495 · 4 sections
- § 14492 As used in this article, the following terms have the meanings set forth in this section unless the context otherwise requires: (a) “Organization” includes any…
- § 14493 Any court of competent jurisdiction may restrain by injunction: the use of the name of any organization in a commercial venture, trade or business, or in the…
- § 14494 In any action under Section 14493 it is not necessary to allege or prove actual damages or the threat thereof or actual injury or the threat thereof, to the…
- § 14495 The use of the name of any organization by any person, firm, or corporation not entitled to use the same under the constitution, by-laws, rules or regulations…
CHAPTER 4. Solicitations for Financial Services §§ 14700–14704 · 5 sections
- § 14700 (a) “Lender” as used in this chapter means a bank, savings and loan association, savings bank, credit union, industrial bank, or other lender licensed to make…
- § 14701 (a) No person shall include the name, trade name, logo, or tagline of a lender in a written solicitation for financial services directed to a consumer who has…
- § 14702 No person shall include a consumer’s loan number or loan amount, whether or not publicly available, in a solicitation for services or products without the…
- § 14703 It is not a violation of this chapter for a person in an advertisement or solicitation for services or products to use the name, trade name, logo, or tagline…
- § 14704 (a) A person who violates Section 14701 or 14702 shall be subject to an injunction against that use. In an action to enjoin a violation of subdivision (a) of…