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Business and Professions Code - BPC - BPC § 14100
Business and Professions Code - BPC - BPC § 14100
The “good will” of a business is the expectation of continued public patronage.
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Business and Professions Code - BPC - BPC § 14101
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 14102
Business and Professions Code - BPC - BPC § 14102
The good will of a business is property and is transferable.
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Business and Professions Code - BPC - BPC § 14103
Business and Professions Code - BPC - BPC § 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.
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Business and Professions Code - BPC - BPC § 142
Business and Professions Code - BPC - BPC § 142
This section shall apply to the bureaus and programs under the direct authority of the director, and to any board that, with the prior approval of the director, elects to have the department administer one or more of the licensing services set forth in this section. (a) Notwithst
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Business and Professions Code - BPC - BPC § 14200
Business and Professions Code - BPC - BPC § 14200
This chapter shall be known and may be cited as the Model State Trademark Law.
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Business and Professions Code - BPC - BPC § 14202
Business and Professions Code - BPC - BPC § 14202
For the purposes of this chapter, the following terms have the following meanings: (a) “Trademark” means any word, name, symbol, or device, or any combination thereof, used by a person to identify and distinguish the goods of that person, including a unique product, from those ma
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Business and Professions Code - BPC - BPC § 14205
Business and Professions Code - BPC - BPC § 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 meets any of the following criteria: (a) It consists of or comprises immoral, deceptive, or scandalous matter. (b) It co
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Business and Professions Code - BPC - BPC § 14207
Business and Professions Code - BPC - BPC § 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 application for registration of that mark setting forth, but not limited to, the following information: (1) The name and busin
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Business and Professions Code - BPC - BPC § 14209
Business and Professions Code - BPC - BPC § 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 conformity with this chapter. (b) The applicant shall provide any additional pertinent information requested by the secretary, inc
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Business and Professions Code - BPC - BPC § 14215
Business and Professions Code - BPC - BPC § 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 to the applicant. The certificate of registration shall be issued under the signature of the secretary and the seal of th
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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.