Container Brands - Trade Names And Designations - CA Business And Professions

Section § 14425

This section defines specific terms used in the article. 'Containers,' 'equipment,' and 'supplies' are items that have a brand on them. A 'brand' is any mark, name, or symbol filed legally under this article. A 'registrant' is someone who registers a brand under this law.

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.

brand registration containers equipment supplies mark name device filed as a brand registrant branding definitions

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

Section § 14426

This law states that if a corporation or an association is made up of members who are allowed to register a brand, then the corporation or association itself can also register a brand. The term 'member of a registrant' refers to any member who would qualify to register that brand on their own.

Any corporation or association whose members might register a brand under this article, may itself register a brand under this article.

As used in this article, “member of a registrant” means a member who would be entitled to register the same brand under this article.

brand registration corporation brand registration association brand registration member eligibility registrant member definition brand entitlement corporate brand rights association branding rights brand registration eligibility member registration rights

(Added by Stats. 1941, Ch. 59.)

Section § 14427

If you make or sell products in containers or use equipment with your name or another identifying mark on them, you can officially register that mark or brand with the Secretary of State. This involves paying a fee and filing a description of the mark.

Any person, who is engaged in the manufacture, packing, canning, bottling, or selling of any substance in containers with his or her name, or other mark or device impressed or produced thereon, or whose equipment or supplies, owned by and used in his or her business, bears a name or other mark or device impressed or produced thereon, may file in the office of the Secretary of State after payment of the fee set forth in subdivision (d) of Section 12193 of the Government Code, a description of the name, mark, or device so used, as a brand.

manufacture packing canning bottling selling containers name mark device impressed produced equipment supplies register Secretary of State

(Amended by Stats. 1999, Ch. 1000, Sec. 5. Effective January 1, 2000.)

Section § 14429

If you're registering a brand in California, you must include the words 'Registered in California' or the abbreviation 'Reg. Cal.' as part of the brand.

There shall be included as a part of each brand the words, “Registered in California,” or the abbreviation, “Reg. Cal.”

brand registration Registered in California Reg. Cal. California branding branding requirements product labels California registration branding abbreviation California trademark labeling standards compliance advertising regulations brand identity branding laws California commerce

(Added by Stats. 1941, Ch. 59.)

Section § 14430

This law makes it illegal for anyone to handle certain branded containers, equipment, or supplies unless they are authorized to do so. Authorized people include the brand owner, the registered person or group, or someone with written permission from the brand owner. The law specifically bans actions like using, altering, selling, or buying these items without permission.

It is unlawful for any person except a person named in subdivision (a) to do any of the acts named in subdivision (b).

(a) Persons excepted:

(1) The owner of the brand which has been filed in accordance with this article.

(2) The registrant.

(3) Members of any corporation or association which is the registrant.

(4) A person who has the written consent of the registrant describing the containers, equipment or supplies to which it applies.

(5) A person who has purchased the container, equipment or supplies from the owner of the brand appearing thereon.

(b) Prohibited acts:

(1) Possessing, using, or filling with any substance any container.

(2) Obliterating or concealing the brand on any container, supplies or equipment.

(3) Selling, buying, giving, taking or otherwise trafficking in any container, equipment, or supplies.

container possession brand owner authorized use container sales equipment handling written consent registered user third-party permission brand obliteration trafficking containers prohibited acts equipment alteration supplies handling brand concealment

(Amended by Stats. 1982, Ch. 194, Sec. 4.)

Section § 14431

This law states that if someone who isn't the registered owner or an authorized user uses another person's branded containers, supplies, or equipment without written permission, or if a junk dealer or secondhand dealer has these items, it is assumed they're using or trading them unlawfully.

The use by any person other than the registrant, or owner of the brand and other than the members of the registrant of any container, supplies or equipment, without the written consent provided for in this article, or the possession by any junk dealer, or dealer in secondhand articles, of any containers, supplies or equipment, is presumptive evidence of unlawful use of or traffic in such containers, supplies, or equipment.

unauthorized use registrant consent branded equipment junk dealer possession secondhand articles presumptive evidence written consent requirement unlawful traffic containers possession brand owner rights equipment misuse supply infringement container use dealing in secondhand equipment ownership

(Added by Stats. 1941, Ch. 59.)

Section § 14432

If someone legally acquires containers, supplies, or equipment with the necessary written consent, they don't need to file a new description. They automatically receive all the benefits the seller had with the purchase.

Any person acquiring containers, supplies or equipment, by purchase or other lawful means, and having the written consent provided for in this article is not required again to file the description, but acquires as a part of his or her purchase all benefit that the vendor has.

acquiring containers equipment purchase written consent benefits transfer vendor rights file description lawful means supplies acquisition purchase benefits ownership transfer

(Amended by Stats. 1982, Ch. 194, Sec. 5.)

Section § 14433

If a person or company receives money as a deposit to ensure the safe return of containers, equipment, or supplies, it does not mean they are selling those items. This applies to any legal proceedings related to this article.

The acceptance by the owner, or any person lawfully entitled to their use, of any money as a deposit to secure the safekeeping and return of containers, equipment or supplies does not constitute a sale of the containers, supplies or equipment, either optional or otherwise, in any proceeding under this article.

deposit safekeeping containers equipment supplies money as deposit return of containers return of equipment return of supplies not a sale legal proceedings ownership entitled to use lawful entitlement optional sale

(Added by Stats. 1941, Ch. 59.)

Section § 14434

If you come across any containers, supplies, or equipment as part of your business or in any other way, you are required to try hard to find the owner and give them back their items.

It is the duty of every person who finds or receives in the regular course of business or in any other manner, any containers, supplies or equipment to make diligent effort to find the owner and return the containers, supplies or equipment to him.

finders duty return containers return equipment diligent effort owner identification business responsibility found supplies property return owner retrieval lost equipment found property commercial obligation equipment recovery

(Added by Stats. 1941, Ch. 59.)

Section § 14435

If someone registered under this law believes their equipment, supplies, or containers are being illegally sold or used, they can swear to this belief before a judge. The judge can then issue a search warrant to find and recover these items. If someone is found with the items, the judge can decide if they broke the law and punish them accordingly. The judge can also return the items to their rightful owner or the owner's group.

(a) Whenever any registrant or any member of the registrant takes an oath before any magistrate that he has reason to believe, and does believe, that any of the containers, supplies or equipment mentioned in this article, are being unlawfully sold, filled or used, or are secreted in any place, the magistrate shall issue a search warrant to discover and obtain them;

(b) The magistrate may cause to be brought before him, the person in whose possession the containers, equipment or supplies are found, and if he finds that the person has been guilty of a violation of this article, he shall impose the punishment prescribed in this article, and also award the possession of the containers, equipment or supplies taken upon the search warrant to the owner, or to the corporation or association of which the owner is a member.

registrant oath unlawfully sold search warrant magistrate illegal possession containers equipment seizure supplies return to owner violation punishment magistrate judgment corporation association legal search ownership rights equipment retrieval

(Added by Stats. 1941, Ch. 59.)

Section § 14436

If you break any rules in this article, it's considered a misdemeanor. The first time, you might spend 10 to 180 days in jail, pay a $50 fine for each item you mishandle, or both. If you do it again, the penalty gets tougher: 20 days to a year in jail, a fine between $50 and $100 for each item, or both.

The violation of any of the provisions of this article is a misdemeanor, punishable:

(a) For the first offense by imprisonment for not less than 10 days nor more than six months or by a fine of fifty dollars ($50) for each and every container, or article of supply or equipment so filled, sold, used, disposed of, held, bought or trafficked in, or by both such fine and imprisonment.

(b) For each subsequent offense by imprisonment for not less than 20 days nor more than one year, or by a fine of not less than fifty dollars ($50) nor more than one hundred dollars ($100) for each and every container, or article of supply or equipment so filled, sold, used, disposed of, held, bought or trafficked in, or by both such fine and imprisonment.

misdemeanor first offense penalties subsequent offense penalties imprisonment duration fine for containers fine for equipment trafficking violation sale violation disposal violation supply article mishandling minimum imprisonment maximum imprisonment multiple offenses

(Amended by Stats. 1982, Ch. 194, Sec. 6.)

Section § 14437

If a brand was registered and published under a law from 1921 and before a new law took effect in 1931, it doesn't have to be changed or re-registered to remain protected. All related items with this brand are still covered by the current rules.

Every brand registered and published under Chapter 431 of the Statutes of 1921, as amended, prior to the effective date of Chapter 1162 of the Statutes of 1931, and all containers, equipment and supplies bearing such a brand shall be entitled to all the protection and benefits of this chapter, and it is not necessary for any such brand to be changed or reregistered on account of the provisions of Chapter 1162 of the Statutes of 1931 and the provisions of this article which constitute a restatement and continuation thereof.

brand registration published brands Statutes of 1921 Statutes of 1931 protection benefits container marking equipment branding supplies branding restatement continuation Chapter 431 Chapter 1162 legal protection reregistration brand recognition

(Amended by Stats. 1982, Ch. 194, Sec. 7.)

Section § 14438

If someone uses another person's registered containers, equipment, or supplies against the rules, the owner can sue them. If they win, they get three times the cost of new replacements plus legal fees. However, if there's a contract for delivering farm products, and the user sends back the items within 10 days after a written demand, they can't be sued.

Any registrant whose containers, equipment or supplies are involved in any violation of the provisions of this article may sue the person or persons who violated said provisions and, upon proof of such violation, shall recover threefold the replacement cost new of the containers, equipment or supplies so involved and costs of suit including a reasonable attorney’s fee. No action shall be brought under this section or Section 14436 against a person who obtained possession of the containers, equipment or supplies pursuant to a contract with the registrant for the delivery of agricultural commodities, unless such person has failed to return to the registrant such containers, equipment and supplies to the point of delivery within 10 days after receipt of a demand for such return sent by registered mail to such person by the registrant.

containers equipment supplies violation lawsuit replacement costs reasonable attorney's fee agricultural commodities contract demand notice registered mail 10-day return registrant possession point of delivery

(Amended by Stats. 1982, Ch. 194, Sec. 8.)

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Trade Names And Designations

Article 2Container Brands

Section § 14425

Section § 14426

Section § 14427

Section § 14429

Section § 14430

Section § 14431

Section § 14432

Section § 14433

Section § 14434

Section § 14435

Section § 14436

Section § 14437

Section § 14438

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