reglab/housing_qa huggingface dataset:
CA Bus & Prof Code § 14209 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 2 - Application for Registration|Section 14209.

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, including a description of a design mark, and may make, or authorize the secretary to make, amendments to the application as may be reasonably requested by the secretary or deemed by the applicant to be advisable in order to respond to any rejection or objection.(c) The secretary may require the applicant to disclaim an unregisterable component of an otherwise registerable mark, and an applicant may voluntarily disclaim a component of a mark sought to be registered. No disclaimer shall prejudice or affect the applicant’s or registrant’s rights, then existing or thereafter arising, in the disclaimed matter, or the applicant’s or registrant’s rights of registration on another application if the disclaimed matter is or has become distinctive of the applicant’s or registrant’s goods or services.(d) The secretary may make amendments to the application submitted by the applicant upon the applicant’s agreement, or may require the submission of a new application.(e) If an applicant is found not to be entitled to registration, the secretary shall so advise the applicant and shall advise the applicant of the reasons. The applicant shall have a reasonable period of time specified by the secretary in which to reply or to amend the application, in which event the application shall be reexamined. This procedure may be repeated until the secretary finally refuses registration of the mark or the applicant fails to reply or amend within the specified period, whereupon the application shall be deemed to have been abandoned.(f) If the secretary finally refuses registration of the mark, the applicant may seek a writ of mandamus to compel registration. A writ may be granted, but without costs to the secretary, on proof that all statements in the application are true and that the mark is otherwise entitled to registration.(g) In the instance of applications concurrently being processed by the secretary seeking registration of the same or confusingly similar marks for the same or related goods or services, the secretary shall grant priority to the applications in the order of filing. If a prior-filed application is granted a registration, the other application or applications shall then be rejected. Any rejected applicant may bring an action for cancellation of the registration upon grounds of prior or superior rights to the mark, in accordance with the provisions of Section 14230.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14215 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 3 - Certificate of Registration|Section 14215.

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 the state, and shall show the following information:(1) The name and business address and, if a corporation, the state of incorporation, or if a partnership, the state in which the partnership is organized and the names of the general partners, as specified by the secretary, of the person claiming ownership of the mark.(2) The date claimed for the first use of the mark anywhere and the date claimed for the first use of the mark in this state.(3) The class of goods or services and a description of the goods or services on or in connection with which the mark is used.(4) A reproduction of the mark.(5) The registration date and the term of the registration of the mark.(b) Any certificate of registration issued by the secretary under the provisions of this chapter or a copy thereof duly certified by the secretary shall be admissible in evidence as competent and sufficient proof of the registration of the mark in any action or judicial proceeding in any court of this state.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14217 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 3 - Certificate of Registration|Section 14217.

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 registration may be renewed for a like term from the end of the expiring term. A renewal fee, payable to the secretary, shall accompany the application for renewal of the registration as set forth in subdivision (c) of Section 12193 of the Government Code.(b) A registration may be renewed for successive periods of five years in like manner.(c) Any registration in force on January 1, 2008, shall continue in full force and effect for the unexpired term thereof, and may be renewed by filing an application for renewal with the secretary that complies with the requirements of the secretary and payment of the renewal fee within the six months prior to the expiration of the registration.(d) All applications for renewal under this chapter, whether of registrations made under this chapter or of registrations effected under any prior act, shall include a verified statement that the mark has been and is still in use and shall include a specimen showing actual use of the mark on, or in connection with, the goods or services with which the mark is associated.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14220 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 4 - Assignments, Changes of Name, and Other Instruments|Section 14220.

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 executed and may be recorded with the secretary upon the payment of the recording fee payable to the secretary as set forth in subdivision (b) of Section 12193 of the Government Code, who, upon recording of the assignment, shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal thereof. An assignment of any registration under this chapter shall be void as against any subsequent purchaser for valuable consideration without notice, unless it is recorded with the secretary within three months after the date thereof or prior to the subsequent purchase.(b) Any registrant or applicant effecting a change of the name of the person to whom the mark was issued or for whom an application was filed may, on a form prescribed by the secretary, record a certificate of change of name of the registrant or applicant with the secretary upon the payment of the recording fee. The secretary may issue in the name of the assignee a certificate of registration of an assigned application or a new certificate or registration for the remainder of the term of the registration or last renewal thereof.(c) Other instruments that relate to a mark registered or application pending pursuant to this chapter, including, but not limited to, licenses, may be recorded at the discretion of the secretary, provided that the instrument is in writing and is duly executed.(d) Acknowledgment shall be prima facie evidence of the execution of an assignment or other instrument and, when recorded by the secretary, the record shall be prima facie evidence of the execution of an assignment.(e) A photocopy of any instrument referred to in subdivision (a), (b), or (c) shall be accepted for recording if it is certified by any of the parties thereto, or their successors, to be a true and correct copy of the original.(f) Neither this chapter nor the recordal of any instrument received by the secretary pursuant to this chapter shall have any effect, including, but not limited to, any effect relating to attachment, perfection, priority, or enforcement, on any security interest governed by Division 9 (commencing with Section 9101) of the Uniform Commercial Code.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14225 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 5 - Records|Section 14225.

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.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14230 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 6 - Cancellation|Section 14230.

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 chapter and not renewed in accordance with the provisions of this chapter.(c) Any registration concerning a mark with regard to which a court of competent jurisdiction finds any of the following:(1) The registered mark has been abandoned.(2) The registrant is not the owner of the mark.(3) The registration was granted improperly.(4) The registration was obtained fraudulently.(5) The mark is or has become the generic name for the goods or services, or a portion thereof, for which it has been registered.(6) The registered mark is so similar to a mark registered by another person in the United States Patent and Trademark Office prior to the date of the filing of the application for registration by the registrant hereunder, and not abandoned, as to be likely to cause confusion or mistake, or to deceive. However, should the registrant prove that the registrant is the owner of a concurrent registration of a mark in the United States Patent and Trademark Office covering an area including this state, the registration hereunder shall not be canceled for that area of the state.(d) Cancellation of a registration ordered on any ground by a court of competent jurisdiction.(e) Any registration or renewal if a check or other remittance accepted in payment of the filing fee is not paid upon presentation. The secretary shall give written notice of the applicability of this subdivision to the registrant. Thereafter, 30 days shall be allowed from the date of the notification letter for payment by cashier’s check or the equivalent.(f) Within six months of the date of registration, any registration issued in error by the secretary that violates the requirements of subdivision (f) of Section 14205.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14235 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 7 - Classification|Section 14235.

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 indicating the appropriate class or classes of goods or services. When a single application includes goods or services that fall within multiple classes, the secretary may require payment of a fee for each class.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14240 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 8 - Fraudulent Registration|Section 14240.

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 fraudulent means shall be liable to pay all damages sustained as a consequence of the filing or registration, to be recovered by or on behalf of the party injured thereby in any court of competent jurisdiction.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14247 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 9 - Violations|Section 14247.

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 mark has become famous and is likely to cause dilution of the famous mark, and to obtain such other relief as is provided in this section. For purposes of this subdivision, a mark is famous if it is widely recognized by the general consuming public of this state, or by a geographic area of this state, as a designation of source of the goods or services of the mark’s owner. In determining whether a mark is famous, a court may consider factors including, but not limited to, all of the following:(1) The duration, extent, and geographic reach of advertising and publicity of the mark in this state, whether advertised or publicized by the owner or third parties.(2) The amount, volume, and geographic extent of sales in this state of goods or services offered under the mark.(3) The extent of actual recognition of the mark in this state.(4) Whether the mark is the subject of a state registration in this state, or a federal registration under the Act of March 3, 1881, or under the Act of February 20, 1905, or on the principal register under the Trademark Act of 1946 (15 U.S.C. Sec. 1051 et seq.), as amended.(b) In an action brought under this section, the owner of a famous mark shall be entitled to injunctive relief throughout the geographic area in which the mark is found to have become famous prior to commencement of the junior use, but not beyond the borders of this state. If the person against whom injunctive relief is sought willfully intended to cause dilution of the famous mark, the owner shall also be entitled to the remedies set forth in Section 14250, subject to the discretion of the court and the principles of equity. The following shall not be actionable under this section:(1) Any fair use, including a nominative or descriptive fair use, or facilitation of such fair use, of a famous mark by another person other than as a designation of source for the person’s own goods or services, including use in connection with either of the following:(A) Advertising or promotion that permits consumers to compare goods or services.(B) Identifying and parodying, criticizing, or commenting upon the famous mark owner or the goods or services of the famous mark owner.(2) Noncommercial use of the mark.(3) All forms of news reporting and news commentary.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14252 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 9 - Violations|Section 14252.

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.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14254 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 9 - Violations|Section 14254.

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 before the secretary. In an action for cancellation, the secretary shall not be made a party to the proceeding, but shall be notified of the filing of the complaint by the clerk of the court in which it is filed and shall be given the right to intervene in the action.(c) In any action brought against a nonresident registrant, service may be effected upon the secretary as agent for service of the registrant in accordance with the procedures established for service upon nonresident corporations and business entities under Sections 416.10 to 416.40, inclusive, of the Code of Civil Procedure, and Sections 2110, 2111, and 2114 of the Corporations Code.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14259 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 9 - Violations|Section 14259.

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.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14260 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 10 - Fees|Section 14260.

14260.  Unless specified by the secretary, the fees payable herein are not refundable.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14265 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 11 - Severability|Section 14265.

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.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14270 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 12 - Miscellaneous|Section 14270.

14270.  This chapter shall not affect any suit, proceeding, or appeal pending on January 1, 2008.(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14272 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 2 - Model State Trademark Law|ARTICLE 12 - Miscellaneous|Section 14272.

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 construction given the federal act should be examined as nonbinding authority for interpreting and construing this chapter.(Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
CA Bus & Prof Code § 14401 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1 - Trade Names|Section 14401.

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.(Added by Stats. 1941, Ch. 59.)
CA Bus & Prof Code § 14402 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1 - Trade Names|Section 14402.

14402.  Any court of competent jurisdiction may restrain, by injunction, any use of trade names in violation of the rights defined in this chapter.(Added by Stats. 1941, Ch. 59.)
CA Bus & Prof Code § 14403 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1 - Trade Names|Section 14403.

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, vessel, case, cover, label, brand or other thing, originally contained, or is connected with by the owner of the trade name, with intent to deceive or defraud, is guilty of a misdemeanor.(Added by Stats. 1941, Ch. 59.)
CA Bus & Prof Code § 14404 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1 - Trade Names|Section 14404.

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 other package, for the purpose of selling or trafficking in such cask, keg, bottle, vessel, siphon, can, case, or other package, or refilling such cask, keg, bottle, vessel, siphon, can, case, or other package, with intent to defraud the owner thereof, without the consent of the owner, or unless the same has been purchased from the owner, is guilty of a misdemeanor.(Added by Stats. 1941, Ch. 59.)
CA Bus & Prof Code § 14405 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1 - Trade Names|Section 14405.

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, bottle, vessel, siphon, can, case, or other package with intent to defraud the owner thereof, without the consent of the owner, or unless it has been purchased from the owner, is guilty of a misdemeanor.(Added by Stats. 1941, Ch. 59.)
CA Bus & Prof Code § 14411 (2021)
2021 California Code|Business and Professions Code - BPC|DIVISION 6 - BUSINESS RIGHTS|CHAPTER 3 - Trade Names and Designations|ARTICLE 1.5 - Trade Name Registration|Section 14411.

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 confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement containing the fictitious business name in that county, and is actually engaged in a trade or business utilizing such fictitious business name or a confusingly similar name in that county.The rebuttable presumption created by this section shall be one affecting the burden of producing evidence.(Added by Stats. 1972, Ch. 438.)