Bill Text: CA SB889 | 2015-2016 | Regular Session | Introduced

---

Bill Title: Trademarks.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2016-11-30 - From committee without further action. [SB889 Detail]

Download: California-2015-SB889-Introduced.html

---

BILL NUMBER: SB 889	INTRODUCED
	BILL TEXT


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:

  SECTION 1.  Section 14254 of the Business and Professions Code is
amended to read:
   14254.  (a)  Actions   An action  to
require cancellation of a mark registered pursuant to this chapter or
in mandamus to compel registration of a mark pursuant to this
chapter shall be brought in the superior court.
   (b) In an action in mandamus, the proceeding shall be based solely
upon the record before the secretary. In an action for cancellation,
the secretary shall not be made a party to the proceeding, but shall
be notified of the filing of the complaint by the clerk of the court
in which  it   the action  is filed and
shall be given the right to intervene in the action.
   (c) In any action brought against a nonresident registrant,
service may be effected upon the secretary as agent for service of
the registrant in accordance with the procedures established for
service upon nonresident corporations and business entities under
Sections 416.10 to 416.40, inclusive, of the Code of Civil Procedure,
and Sections 2110, 2111, and 2114 of the Corporations Code.