SECTIONS 14411-14418 - California Statutes

BUSINESS AND PROFESSIONS CODE

SECTION 14411-14418

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.

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.

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.

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.

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.

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.

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.

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.