California trademark law is designed to protect trademarks and servicemarks used in California, and is administered by the Secretary of State. The requirements for registration are similar to the requirements for federal registration. The procedure for filing a California trademark or servicemark application is simple. There is no publication requirement, no opposition procedure, no requirement for filing an affidavit of use after five years. California trademarks are effective for a term of 10 years, and may be renewed for a successive 10 year term.
Registration is prima facie evidence of ownership of the mark.
Under California law, the remedies for trademark infringement include an junction against infringement, destruction of all counterfeit marks, civil damages in an amount up to three times the infringer's profits from and up to three times the damages suffered by reason of the use of the mark, and criminal sanctions for forgery or improper use. Trademark and Servicemark Searches. It is often desirable to conduct a trademark search in order to prevent filing a trademark or servicemark application for a mark already registered by another company. There are several private companies which specialize in investigating trademarks. These companies will search for potentially similar trademarks by examining pending, active and inactive federal trademarks, all registered state trademarks, trade directories and other sources.