reglab/statecodes huggingface dataset:
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14 - Fuels and Lubricants › ARTICLE 16 - Enforcement › Section 13600.

13600. It is unlawful for any person, or any member, officer, agent, or employee of a firm, association, or corporation, other than the department or any of the officers mentioned in this article, to break, mutilate, or destroy any seal or seals placed upon a container, receptacle, pump, or storage tank connected thereto, or any other storage tank containing a motor vehicle fuel or lubricant, when placed thereon as provided by this article, or to move a container so sealed, or remove the contents therefrom, or to cover, deface, or remove the notice of sealing required by this article.
(Amended by Stats. 2015, Ch. 591, Sec. 50. (AB 808) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14 - Fuels and Lubricants › ARTICLE 17 - Penalties › Section 13610.

13610. Each person is guilty of a separate offense for each day during any portion of which any violation of this chapter is committed, continued, or permitted by the person, and the person shall be punishable therefor as provided in this division.
(Amended by Stats. 1988, Ch. 590, Sec. 11.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14 - Fuels and Lubricants › ARTICLE 17 - Penalties › Section 13611.

13611. The department or any sealer may bring an action to enjoin the violation or the threatened violation of any provision of this chapter or of any regulation made pertaining to the provisions of this chapter. The action may be brought in the county in which such violation occurs or is about to occur. There may be enjoined in one proceeding any number of defendants alleged to be violating the same provisions or regulations, although their properties, interests, residences, or places of business may be in several counties and the violations separate and distinct. Any proceeding brought pursuant to this section shall be governed in all other respects by the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(Added by Stats. 1980, Ch. 636, Sec. 5.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14 - Fuels and Lubricants › ARTICLE 18 - Disposition and Use of Moneys › Section 13620.

13620. Any moneys in the Department of Food and Agriculture Fund derived under Chapters 14 (commencing with Section 13400) and 15 (commencing with Section 13700) may be expended for the administration and enforcement of any or all of the provisions of those chapters, notwithstanding any other provision of law limiting the expenditure of any of those moneys to the specific purposes or to the administration or enforcement of each of the chapters separately.
(Amended by Stats. 1984, Ch. 698, Sec. 8.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14.5 - Service Stations › Section 13650.

13650. “Service station,” as used in this chapter, means any establishment which offers for sale or sells gasoline or other motor vehicle fuel to the public.
(Added by Stats. 1984, Ch. 1561, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 14.5 - Service Stations › Section 13652.

13652. (a) Any person who intentionally violates any provision of this chapter or any regulation promulgated pursuant thereto is guilty of an infraction, and, upon conviction, shall be punished by a fine not to exceed fifty dollars ($50) for each day that the person violates the provision or regulation.
(b) The failure of an owner or manager of a service station to have adequate water and air facilities available for use by the public, or to provide permanent public restrooms for use by its customers, as required by subdivision (b) of Section 13651, for five consecutive working days, constitutes a rebuttable presumption affecting the burden of proof that the owner or manager has intentionally violated this chapter. This subdivision does not apply to restrooms rendered inoperable as a result of vandalism or plumbing problems that may not be readily repaired.
(c) Notwithstanding any other provision of this chapter, no person shall be guilty of the infraction specified in subdivision (a) if that person, within seven days after receiving notification from the city attorney, district attorney, or Attorney General of any violation of this chapter, makes whatever changes are necessary to comply with the requirements of this chapter.
(Amended by Stats. 1989, Ch. 491, Sec. 2.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 1 - General Provisions › Section 13700.

13700. For purposes of this chapter, the following terms mean the following:
(a) “Automotive product” means engine coolant or antifreeze, prediluted engine coolant or prediluted antifreeze, brake fluid, transmission fluid, and diesel exhaust fluid.
(b) “Transmission fluid” means a product intended for use in a motor vehicle as either a lubricant, coolant, or liquid medium in any type of transmission, or any other type of unit through which, or by which, force, energy, or power is transferred from a motor vehicle engine by hydraulic means to the driving assembly. Transmission fluid does not include manual transmission lubricant, as described in the latest revision of the SAE Information Report on axle and manual transmission lubricants, SAE International J308.
(c) “Brake fluid” means the fluid intended for use as the liquid medium through which force is transmitted in the hydraulic brake system of a vehicle operated upon the highways.
(d) “Carton” means the package or wrapping in which a number of containers are shipped or stored.
(e) “Container” means any receptacle in which a commodity is immediately contained when sold, but does not mean a carton or wrapping in which a number of receptacles are shipped or stored, or a tank car or truck.
(f) “Diesel exhaust fluid” or “DEF” means an aqueous urea solution used in selective catalytic reduction to lower oxides of nitrogen concentration in the exhaust emissions of diesel engines that meets the last version of International Organization for Standardization (ISO) specification for DEF.
(g) “Engine coolant” or “antifreeze” means any substance or preparation, regardless of its origin, intended to be diluted before use as the cooling medium in the cooling system of an internal combustion engine to provide protection against freezing, overheating, and corrosion of the cooling system, or any product intended to be diluted before use that is labeled to indicate or imply that it will prevent freezing or overheating of the cooling system of an internal combustion engine.
(h) “Label” means all written, printed, or graphic representations, in any form whatsoever, imprinted upon or affixed to any container referred to in this chapter.
(i) “Prediluted engine coolant” or “prediluted antifreeze” means any substance or preparation, regardless of its origin, intended or labeled for use at full strength as the cooling medium or as a top off in the cooling system of an internal combustion engine to provide or supplement protection against freezing, overheating, or corrosion of the cooling system.
(j) “Principal display panel” means that part of the label that is designed to most likely be displayed, presented, shown, or examined under normal and customary conditions of display and purchase.
(Amended by Stats. 2015, Ch. 591, Sec. 51. (AB 808) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 1 - General Provisions › Section 13701.

13701. Any material offered for sale or sold as an additive to automatic transmission fluids shall be compatible with the automatic transmission fluid to which it is added, and the resulting mixture shall not fall below the minimum specifications for automatic transmission fluids, as established by the department.
(Added by renumbering Section 13707 by Stats. 1992, Ch. 322, Sec. 9. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 1 - General Provisions › Section 13702.

13702. Any words and letters required to be displayed on a container by this chapter shall be in legible type.
(Added by renumbering Section 13708 by Stats. 1992, Ch. 322, Sec. 10. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 2 - Specifications and Labeling › Section 13710.

13710. (a) (1) The department shall establish specifications for engine coolants, antifreeze, prediluted engine coolants, and prediluted antifreeze that promote the public safety in the operation of motor vehicles.
(2) The chemical, physical, and performance specifications for engine coolants and antifreeze and prediluted engine coolants and prediluted antifreeze under paragraph (1) shall not fall below the minimum specifications, if any, established by ASTM International. Engine coolant and antifreeze shall not contain, after dilution with 30 percent water and subsequent mixing, visually identifiable suspended matter or sediment. Prediluted engine coolant and prediluted antifreeze shall not contain, after mixing, visually identifiable suspended matter or sediment.
(3) For purposes of this subdivision, the department shall adopt the ASTM International testing procedures. Methanol- and ethanol-based coolants and antifreeze are not suitable for use in automotive engines and shall not be sold or distributed for automotive use.
(b) Transmission fluid shall meet the latest automotive manufacturers’ recommended requirements for all transmissions disclosed on the label of its container. No transmission fluid shall be sold without clearly disclosing, on the label of its container, the type of transmission for which it is intended.
(c) The department shall establish specifications for brake fluid that promote the public safety in the operation of automotive vehicles. The specifications for brake fluid shall not fall below the minimum specifications established by the National Highway Traffic Safety Administration of the United States Department of Transportation.
(d) Any manufacturer or packager of any product regulated by this chapter and sold in the state shall provide, upon request to duly authorized representatives of the department, documentation of any claim made upon their products’ label.
(Amended by Stats. 2015, Ch. 591, Sec. 52. (AB 808) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 2 - Specifications and Labeling › Section 13712.

13712. A brake fluid receptacle or dispensing device, including “bleeders,” pressurized containers, or any container used to fill a brake system or to expel air from the system after servicing, are exempt from the container labeling requirements in this chapter except for designation of the contents as “DOT____Motor Vehicle Brake Fluid” with the appropriate identification number filled in. The smallest letter and numeral shall not be less than one-eighth inch in height.
(Repealed and added by Stats. 1984, Ch. 698, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 2 - Specifications and Labeling › Section 13713.

13713. Any product referred to in this chapter is adulterated if its characteristics fall below the specifications for that product established by the department as minimum standards.
(Added by renumbering Section 13706 by Stats. 1992, Ch. 322, Sec. 8. Effective January 1, 1993.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 3 - Container Requirements › Section 13720.

13720. Each brake fluid container with a capacity of six fluid ounces or more shall be provided with a resealable closure that has an inner seal impervious to the packaged brake fluid. The container closure shall include a tamper-proof feature that will either be destroyed or substantially altered when the container closure is initially opened.
(Added by Stats. 1984, Ch. 698, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 4 - Enforcement of the Chapter › Section 13730.

13730. The department and each county sealer shall enforce the provisions of this chapter, and may sample, inspect, analyze, and test any product referred to in this chapter manufactured, packed, stored, sold, or distributed within this state. The department, through its agents, has free access by all legal means during business hours to all premises, buildings, vehicles, cars, and vessels used in the manufacture, packing, storage, sale, or transportation of, and may, by legal means, open any box, carton, parcel, or container of, any product referred to in this chapter and take therefrom samples for analysis or for evidence.
(Added by Stats. 1984, Ch. 698, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 4 - Enforcement of the Chapter › Section 13731.

13731. The department and each county sealer is authorized to order off-sale any product referred to in this chapter which is adulterated or mislabeled. The off-sale order shall be given in writing to the retail seller and the distributor or manufacturer of the product.
(Added by Stats. 1984, Ch. 698, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 5 - Unlawful Acts › Section 13740.

13740. It is unlawful to sell or distribute any product referred to in this chapter which is adulterated or mislabeled.
(Added by Stats. 1984, Ch. 698, Sec. 10.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 15 - Automotive Products › ARTICLE 5 - Unlawful Acts › Section 13741.

13741. (a) It is unlawful for any person or other legal entity to make any deceptive, false, or misleading statement by any means whatever regarding quality, quantity, performance, price, discount, or saving in the sale or selling of any commodity regulated pursuant to this chapter.
(b) Any manufacturer or packager of any product subject to this chapter and sold in this state shall provide, upon request, to a duly authorized representative of the department documentation of any claim made on his or her product’s label.
(Amended by Stats. 2015, Ch. 591, Sec. 54. (AB 808) Effective January 1, 2016.)
2023 California Code › Business and Professions Code - BPC › DIVISION 5 - WEIGHTS AND MEASURES › CHAPTER 16 - Rental Vehicles › Section 13800.

13800. (a) Notwithstanding any other provision of this division, a rental vehicle’s fuel gauge installed by the vehicle’s manufacturer may be used in a rental transaction by a rental company to calculate an optional charge for fueling when any of the following occurs:
(1) The customer could have avoided incurring the charge by returning the rental vehicle with the same amount of fuel as was in the fuel tank at the commencement of the rental.
(2) The customer chose to purchase the amount of fuel inside the fuel tank at the commencement of the rental.
(b) Nothing in this section shall be interpreted to preclude a rental company from offering additional fueling options to customers besides those described in subdivision (a).
(Added by Stats. 2007, Ch. 667, Sec. 1. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 2 - Model State Trademark Law › ARTICLE 1 - General Provisions › Section 14200.

14200. This chapter shall be known and may be cited as the Model State Trademark Law.
(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 2 - Model State Trademark Law › ARTICLE 2 - Application for Registration › Section 14205.

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 consists of or comprises matter that may disparage or falsely suggest a connection with persons living or dead, institutions, beliefs, or national symbols, or bring them into contempt or disrepute.
(c) It consists of or comprises the flag or coat of arms or other insignia of the United States of America, of any state or municipality, or of any foreign nation, or any simulation thereof.
(d) It consists of or comprises the name, signature, or a portrait identifying a particular living individual, except by the individual’s written consent.
(e) It consists of a mark that is any of the following:
(1) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them.
(2) When used on or in connection with the goods or services of the applicant, is primarily geographically descriptive or deceptively misdescriptive of them.
(3) Is primarily merely a surname, provided, however, that nothing in this paragraph shall prevent the registration of a mark used by the applicant that has become distinctive of the applicant’s goods or services. The secretary may accept as evidence that the mark has become distinctive, as used on or in connection with the applicant’s goods or services, proof of continuous use thereof as a mark by the applicant in this state for the five years before the date on which the claim of distinctiveness is made.
(f) It consists of or comprises a mark that so resembles a mark registered in this state or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake, or to deceive.
(Repealed and added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 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.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14412.

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 registrant, or in the case of any assignment or transfer no original fictitious business name statement has been filed by the assignee or transferee.
(Added by Stats. 1972, Ch. 438.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14413.

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 with Section 2466) of Title 10 of Part 4 of Division 3 of the Civil Code, as it existed on the effective date of the filing, provided that the certificate had not expired prior to the filing under Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code.
(Added by Stats. 1972, Ch. 438.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14414.

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.
(Added by Stats. 1972, Ch. 438.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14415.

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, shall establish a rebuttable presumption that the corporation has the exclusive right to use as a trade name, in the state the corporate name set forth in the articles or certificate, as well as any confusingly similar trade name, if the corporation is the first to have filed the articles or obtained the certificate containing the corporate name, and is actually engaged in a trade or business utilizing that corporate name or a confusingly similar name.
If a foreign corporation continues to have authority to transact intrastate business pursuant to Section 2102 of the Corporations Code, the foreign corporation shall be considered to have obtained its certificate of qualification pursuant to law for the purposes of this section on the date it first qualified to transact intrastate business in this state.
The rebuttable presumption created by this section affects the burden of producing evidence.
(Amended by Stats. 1981, Ch. 714, Sec. 39.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14416.

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 fictitious business name statement, filed the articles of incorporation, or obtained the certificate of qualification first in time, and is actually engaged in a trade or business utilizing such fictitious business name, such corporate name, or a confusingly similar name, shall be entitled to the presumption as against the other, that he has the exclusive right to use such fictitious business name, or such corporate name, or a confusingly similar name, as a trade name in the county where the registrant has filed his fictitious business name statement.
(Added by Stats. 1972, Ch. 438.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14417.

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 (Chapter 2 (commencing with Section 14200) of Division 6), the Fictitious Business Name Act (Chapter 5 (commencing with Section 17900) of Division 7), or the common law, including rights in a trade name. The Secretary of State shall deliver a notice to this effect to each newly organized corporation.
(Added by Stats. 1983, Ch. 1317, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 1.5 - Trade Name Registration › Section 14418.

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.S.C. Sec. 1051 et seq.), or the common law, including rights in a trade name.
(Added by Stats. 1987, Ch. 437, Sec. 1.)
2023 California Code › Business and Professions Code - BPC › DIVISION 6 - BUSINESS RIGHTS › CHAPTER 3 - Trade Names and Designations › ARTICLE 2 - Container Brands › Section 14425.

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.
(Amended by Stats. 1982, Ch. 194, Sec. 1.)