SECTIONS 14200-14202 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 14200-14202

14200. This chapter shall be known and may be cited as the Model
State Trademark Law.

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
manufactured or sold by others, and to indicate the source of the
goods, even if that source is unknown.
(b) "Service mark" means any word, name, symbol, or device, or any
combination thereof, used by a person to identify and distinguish
the services of that person, including a unique service, from the
services of others, and to indicate the source of the services, even
if that source is unknown. Titles, character names used by a person,
and other distinctive features of radio or television programs may be
registered as service marks notwithstanding that they, or the
programs, may advertise the goods of the sponsor.
(c) "Mark" includes any trademark or service mark entitled to
registration under this chapter, whether registered or not.
(d) "Trade name" means any name used by a person to identify a
business or vocation of that person.
(e) The term "person" and any other word or term used to designate
the applicant or other party entitled to a benefit or privilege or
rendered liable under the provisions of this chapter includes a
juristic person as well as a natural person. The term "juristic
person" includes a firm, partnership, corporation, union,
association, or other organization capable of suing and being sued in
a court of law.
(f) "Applicant" means the person filing an application for
registration of a mark under this chapter, and the legal
representatives, successors, or assigns of the person.
(g) "Registrant" means the person to whom the registration of a
mark under this chapter is issued, and the legal representatives,
successors, or assigns of the person.
(h) "Use" means the bona fide use of a mark in the ordinary course
of trade, and not made merely to reserve a right in a mark. For the
purposes of this chapter, a mark shall be deemed to be in use if it
is used on either of the following:
(1) On goods when it is placed in any manner on the goods or other
containers or the displays associated therewith or on the tags or
labels affixed thereto, or if the nature of the goods makes that
placement impracticable, then on documents associated with the goods
or their sale, and the goods are sold or transported in commerce in
this state.
(2) On services when it is used or displayed in the sale or
advertising of services and the services are rendered in this state.
(i) "Abandoned" means either of the following has occurred:
(1) A mark's use has been discontinued with intent not to resume
that use. Intent not to resume the use may be inferred from
circumstances. Nonuse for two consecutive years shall constitute
prima facie evidence of abandonment.
(2) When any course of conduct of the owner, including acts of
omission as well as commission, causes the mark to lose its
significance as a mark.
(j) "Secretary" means the Secretary of State or the designee of
the Secretary of State charged with the administration of this
chapter.
(k) "Dilution" means dilution by blurring or dilution by
tarnishment, regardless of the presence or absence of any of the
following:
(1) Competition between the owner of the famous mark and other
parties.
(2) Actual or likely confusion, mistake, or deception.
(3) Actual economic injury.
(l) "Dilution by blurring" means association arising from the
similarity between a mark or a trade name and a famous mark that
impairs the distinctiveness of the famous mark.
(m) "Dilution by tarnishment" means association arising from the
similarity between a mark or a trade name and a famous mark that
harms the reputation of the famous mark.
(n) "Counterfeit" means a spurious trademark, service mark,
collective mark, or certification mark that is identical to, or
substantially indistinguishable from, a registered mark that is used
on or in connection with goods or services or any labels or packaging
or components.
(o) "Comparative commercial advertising" means the use of a
competitor's trademark in advertising to compare the relative
qualities of the competitive goods.