Section § 14215

Explanation

Once an applicant fulfills the chapter's requirements, the secretary will issue a certificate confirming the registration of a trademark. This certificate will include the owner's name, business address, and details about their corporate or partnership status. It will also specify when the trademark was first used both overall and in the state, the category and description of the products or services linked to the mark, a depiction of the trademark, and its registration date and duration. Additionally, this certificate or a certified copy can be used as evidence of the trademark's registration in court.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 14215(a)(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)CA Business & Professions Code § 14215(a)(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)CA Business & Professions Code § 14215(a)(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)CA Business & Professions Code § 14215(a)(4) A reproduction of the mark.
(5)CA Business & Professions Code § 14215(a)(5) The registration date and the term of the registration of the mark.
(b)CA Business & Professions Code § 14215(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.

Section § 14217

Explanation

This law explains how trademarks registered under this chapter can be kept active. Initially, registration lasts for five years. You can extend it by renewing it within six months before its expiration, and you have to pay a fee for this. Renewals can continue happening for additional five-year periods as long as the proper procedures as described are followed. If a registration was active as of January 1, 2008, it will remain valid until its term ends, but you can renew it by applying and paying the fee within the designated time. Moreover, when applying for renewal, you need to provide a statement confirming the trademark is still being used and also include a sample showing how the mark is used with goods or services.

(a)CA Business & Professions Code § 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)CA Business & Professions Code § 14217(b) A registration may be renewed for successive periods of five years in like manner.
(c)CA Business & Professions Code § 14217(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)CA Business & Professions Code § 14217(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.