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Business and Professions Code - BPC - BPC § 14404
Business and Professions Code - BPC - BPC § 14404
Every person who wilfully defaces, obliterates, or otherwise removes, destroys, or conceals the trade name of another, printed, branded, stamped, engraved, etched, blown, impressed, or otherwise attached to, or produced upon any cask, keg, bottle, vessel, siphon, can, case, or ot
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Business and Professions Code - BPC - BPC § 14405
Business and Professions Code - BPC - BPC § 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, branded, stamped, engraved, etched, blown, or otherwise attached or produced thereon, or refills any such cask, keg, bottl
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Business and Professions Code - BPC - BPC § 14411
Business and Professions Code - BPC - BPC § 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 presumption that the registrant has the exclusive right to use as a trade name the fictitious business name, as well as any conf
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Business and Professions Code - BPC - BPC § 14412
Business and Professions Code - BPC - BPC § 14412
The rebuttable presumption created by Section 14411 shall be applicable until the fictitious business name statement is abandoned pursuant to Section 17922, or otherwise expires pursuant to Section 17920, and no new fictitious business name statement has been filed by the registr
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Business and Professions Code - BPC - BPC § 14413
Business and Professions Code - BPC - BPC § 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 618 of the 1970 Statutes shall be considered filed at the time a certificate was first filed under Chapter 2 (commencing wi
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Business and Professions Code - BPC - BPC § 14414
Business and Professions Code - BPC - BPC § 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 required or prohibited by Section 17910.
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Business and Professions Code - BPC - BPC § 14415
Business and Professions Code - BPC - BPC § 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 certificate of qualification pursuant to Sections 2105 and 2106 of the Corporations Code, in the case of a foreign corporation, s
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Business and Professions Code - BPC - BPC § 14416
Business and Professions Code - BPC - BPC § 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 14415 and a registrant entitled to the benefit of the presumption created by Section 14411, whichever has filed the fictitio
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Business and Professions Code - BPC - BPC § 14417
Business and Professions Code - BPC - BPC § 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 name in violation of the rights of another under the federal Trademark Act (15 U.S.C. Sec. 1051 et seq.), the Trademark Act
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Business and Professions Code - BPC - BPC § 14418
Business and Professions Code - BPC - BPC § 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 name in violation of the rights of another as established under this chapter, the federal law relating to trademarks (15 U.
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Business and Professions Code - BPC - BPC § 14425
Business and Professions Code - BPC - BPC § 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 or device filed as a brand under this article. (c) “Registrant” means a person who files a brand under this article.
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Business and Professions Code - BPC - BPC § 14426
Business and Professions Code - BPC - BPC § 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 article, “member of a registrant” means a member who would be entitled to register the same brand under this article.
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Business and Professions Code - BPC - BPC § 14427
Business and Professions Code - BPC - BPC § 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 device impressed or produced thereon, or whose equipment or supplies, owned by and used in his or her business, bears a name
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Business and Professions Code - BPC - BPC § 14429
Business and Professions Code - BPC - BPC § 14429
There shall be included as a part of each brand the words, “Registered in California,” or the abbreviation, “Reg. Cal.”
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Business and Professions Code - BPC - BPC § 14430
Business and Professions Code - BPC - BPC § 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 the brand which has been filed in accordance with this article. (2) The registrant. (3) Members of any corporation or asso
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Business and Professions Code - BPC - BPC § 14431
Business and Professions Code - BPC - BPC § 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, without the written consent provided for in this article, or the possession by any junk dealer, or dealer in secondhand art
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Business and Professions Code - BPC - BPC § 14432
Business and Professions Code - BPC - BPC § 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 required again to file the description, but acquires as a part of his or her purchase all benefit that the vendor has.
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Business and Professions Code - BPC - BPC § 14433
Business and Professions Code - BPC - BPC § 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, equipment or supplies does not constitute a sale of the containers, supplies or equipment, either optional or otherwise, in any
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Business and Professions Code - BPC - BPC § 14434
Business and Professions Code - BPC - BPC § 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 diligent effort to find the owner and return the containers, supplies or equipment to him.
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Business and Professions Code - BPC - BPC § 14435
Business and Professions Code - BPC - BPC § 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 the containers, supplies or equipment mentioned in this article, are being unlawfully sold, filled or used, or are secreted
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Business and Professions Code - BPC - BPC § 14436
Business and Professions Code - BPC - BPC § 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 more than six months or by a fine of fifty dollars ($50) for each and every container, or article of supply or equipment so
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Business and Professions Code - BPC - BPC § 14437
Business and Professions Code - BPC - BPC § 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 1931, and all containers, equipment and supplies bearing such a brand shall be entitled to all the protection and benefits of
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Business and Professions Code - BPC - BPC § 14438
Business and Professions Code - BPC - BPC § 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 violated said provisions and, upon proof of such violation, shall recover threefold the replacement cost new of the containers,
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Business and Professions Code - BPC - BPC § 14460
Business and Professions Code - BPC - BPC § 14460
“Farm,” as used in this article, includes ranch, estate and villa.
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Business and Professions Code - BPC - BPC § 14461
Business and Professions Code - BPC - BPC § 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 certificate setting forth the name and location of the farm and the name of the owner upon payment of the fee as set forth in subd