Business and Professions Code 14205
- It consists of or comprises immoral, deceptive, or scandalous matter.
- It contains material that may belittle or falsely suggest a connection with persons living or dead, institutions, beliefs, or national symbols
- It contains the flag or coat of arms or other insignia of the United States of America, of any state or city, or of any foreign nation.
- It compromises the name, signature, or a portrait identifying a particular living individual, except by the individual’s written consent.
BP 1407 Application Requirements
The following information under BP 1407 is the general information that is required in the application prescribed by the Secretary of State:
- The name and business address of the person applying for the registration
- The goods or services connection with which the mark is used, the manner in which the mark is used, and the class in which the good or services fall under
- The date the mark was first used anywhere and the date it was used in this state by the applicant.
- A statement that proves the applicant is the owner of the mark and verification that no one else has registered that mark in this state.
Application Review
BP 14209 contains information regarding the examination of the application by the Secretary of State.
During the examination, the secretary may ask any additional questions in order to solidify the legitimacy of the trade/service mark application. The secretary has the power to require the applicant to submit a new application if significant changes need to be made.
If the secretary refuses registration of the mark, the applicant can a pursue write of mandus (court order to correct to government officials, demanding them to correct their mistake). A writ of mandus can only be granted if the information on the application is true and the mark originally belongs to the applicant.
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