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Business and Professions Code - BPC - BPC § 14217
Business and Professions Code - BPC - BPC § 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 within six months prior to the expiration of the term, in a manner complying with the requirements of the secretary, the regis
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Business and Professions Code - BPC - BPC § 14220
Business and Professions Code - BPC - BPC § 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 will of the business connected with the use of and symbolized by the mark. Assignment shall be by instrument in writing duly
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Business and Professions Code - BPC - BPC § 14225
Business and Professions Code - BPC - BPC § 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 pursuant to Section 14220.
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Business and Professions Code - BPC - BPC § 14230
Business and Professions Code - BPC - BPC § 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 voluntary request for cancellation from the registrant or the assignee of record. (b) All registrations granted under this chapt
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Business and Professions Code - BPC - BPC § 14235
Business and Professions Code - BPC - BPC § 14235
The classification of goods and services shall conform to the classifications adopted by the United States Patent and Trademark Office. A single application for registration of a mark may include any or all goods upon which, or services with which, the mark is actually being used
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Business and Professions Code - BPC - BPC § 14240
Business and Professions Code - BPC - BPC § 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 knowingly making any false or fraudulent representation or declaration, either orally or in writing, or by any other fraudulen
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Business and Professions Code - BPC - BPC § 14245
Business and Professions Code - BPC - BPC § 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: (1) Uses, without the consent of the registrant, any reproduction, counterfeit, copy, or colorable imitation of a mark re
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Business and Professions Code - BPC - BPC § 14247
Business and Professions Code - BPC - BPC § 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 entitled to an injunction against another person’s commercial use of a mark or trade name, if such use begins after the mar
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Business and Professions Code - BPC - BPC § 14250
Business and Professions Code - BPC - BPC § 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 court of competent jurisdiction may grant injunctions to restrain the manufacture, use, display, or sale as may be deemed
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Business and Professions Code - BPC - BPC § 14252
Business and Professions Code - BPC - BPC § 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 to, Section 350 of the Penal Code.
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Business and Professions Code - BPC - BPC § 14254
Business and Professions Code - BPC - BPC § 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 shall be brought in the superior court. (b) In an action in mandamus, the proceeding shall be based solely upon the record be
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Business and Professions Code - BPC - BPC § 14259
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 14260
Business and Professions Code - BPC - BPC § 14260
Unless specified by the secretary, the fees payable herein are not refundable.
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Business and Professions Code - BPC - BPC § 14265
Business and Professions Code - BPC - BPC § 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 be affected thereby.
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Business and Professions Code - BPC - BPC § 14270
Business and Professions Code - BPC - BPC § 14270
This chapter shall not affect any suit, proceeding, or appeal pending on January 1, 2008.
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Business and Professions Code - BPC - BPC § 14272
Business and Professions Code - BPC - BPC § 14272
The intent of this chapter is to provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the Trademark Act of 1946 (15 U.S.C. Sec. 1051 et seq.), as amended. To that end, the c
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Business and Professions Code - BPC - BPC § 143
Business and Professions Code - BPC - BPC § 143
(a) No person engaged in any business or profession for which a license is required under this code governing the department or any board, bureau, commission, committee, or program within the department, may bring or maintain any action, or recover in law or equity in any action,
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Business and Professions Code - BPC - BPC § 143.5
Business and Professions Code - BPC - BPC § 143.5
(a) No licensee who is regulated by a board, bureau, or program within the Department of Consumer Affairs, nor an entity or person acting as an authorized agent of a licensee, shall include or permit to be included a provision in an agreement to settle a civil dispute, whether th
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Business and Professions Code - BPC - BPC § 144
Business and Professions Code - BPC - BPC § 144
(a) Notwithstanding any other law, an agency designated in subdivision (b) shall require an applicant to furnish to the agency a full set of fingerprints for purposes of conducting criminal history record checks. Any agency designated in subdivision (b) may obtain and receive, at
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Business and Professions Code - BPC - BPC § 144.5
Business and Professions Code - BPC - BPC § 144.5
Notwithstanding any other law, a board described in Section 144 may request, and is authorized to receive, from a local or state agency certified records of all arrests and convictions, certified records regarding probation, and any and all other related documentation needed to c
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Business and Professions Code - BPC - BPC § 144.6
Business and Professions Code - BPC - BPC § 144.6
(a) For purposes of Section 668.14 of Title 34 of the Code of Federal Regulations, the required minimum number of hours, or the equivalent, established in this state for education programs that qualify persons for any license issued by a board within the department shall be equal
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Business and Professions Code - BPC - BPC § 144.7
Business and Professions Code - BPC - BPC § 144.7
(a) For purposes of any code or statute, a national or regional accrediting agency recognized by the United States Department of Education as of January 1, 2025, shall retain that recognition until July 1, 2029, provided that the accrediting agency continues to operate in substan
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Business and Professions Code - BPC - BPC § 14401
Business and Professions Code - BPC - BPC § 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 thereof to which it is appurtenant, and the owner is entitled to the same protection by suits at law or in equity.
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Business and Professions Code - BPC - BPC § 14402
Business and Professions Code - BPC - BPC § 14402
Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter.
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Business and Professions Code - BPC - BPC § 14403
Business and Professions Code - BPC - BPC § 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 with it, the trade name of another, for the purpose of disposing of any article other than that which such cask, bottle,