Senate BillNo. 889


Introduced by Senator Gaines

January 20, 2016


An act to amend Section 14254 of the Business and Professions Code, relating to trademarks.

LEGISLATIVE COUNSEL’S DIGEST

SB 889, as introduced, Gaines. Trademarks.

Existing law, the Model State Trademark Law, provides for the registration of trademarks and service marks with the Secretary of State and requires an application for registration of a mark to provide specified information on the application. Existing law requires an action to require cancellation of a mark registered under that law to be brought in the superior court.

This bill would make nonsubstantive changes to that provision.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 14254 of the Business and Professions
2Code
is amended to read:

3

14254.  

(a) begin deleteActions end deletebegin insertAn action end insertto require cancellation of a mark
4registered pursuant to this chapter or in mandamus to compel
5registration of a mark pursuant to this chapter shall be brought in
6the superior court.

7(b) In an action in mandamus, the proceeding shall be based
8solely upon the record before the secretary. In an action for
9cancellation, the secretary shall not be made a party to the
10proceeding, but shall be notified of the filing of the complaint by
P2    1the clerk of the court in whichbegin delete itend deletebegin insert the actionend insert is filed and shall be
2given the right to intervene in the action.

3(c) In any action brought against a nonresident registrant, service
4may be effected upon the secretary as agent for service of the
5registrant in accordance with the procedures established for service
6upon nonresident corporations and business entities under Sections
7416.10 to 416.40, inclusive, of the Code of Civil Procedure, and
8Sections 2110, 2111, and 2114 of the Corporations Code.



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