Trademarks and Service Marks

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Trademarks and Service Marks

The Secretary of State’s office maintains registration and all updates of California state trademarks and service marks. This information is accessible to the public upon request.

General provisions governing trademarks and service marks are found in the Model State Trademark Law, California Business and Professions Code sections 14200 et seq. Registration forms and other forms related to trademark and service mark filings published by this office prior to January 1, 2008, do not comply with the Model State Trademark Law and will not be accepted for filing.

Please note the following:

· The classification of goods and services are those adopted by the United States Patent and Trademark Office and a single application may include multiple classifications of goods or services

· Applicants are required to state a declaration of accuracy that the material facts in the application are true. A willful inaccurate statement is subject to a civil penalty of up to $10,000 to be enforced by a public prosecutor

· The duration of California registrations has been reduced from ten to five years and the renewal application requires submission of a specimen showing actual use of the mark, and

· The applicant is required to state whether they previously sought to register the mark with the United States Patent and Trademark Office and, if registration was refused, to disclose the reasons why it was refused at the federal level.

The Trademark Unit is also responsible for the registration of various other filings, such as container brands, which could be a name, mark or device impressed or produced on a container (California Business & Professions Code section 14425), laundry marks (California Business & Professions Code section 14480), and the names of farms, ranches, estates, or villas (California Business & Professions Code section 14460).