Paul D. Supnik, Attorney at Law
Domestic and International Copyright and Trademark Law;
Motion Picture, Television, Publishing, Media and General Entertainment Law;
14415. The filing of articles of incorporation pursuant to Section
200 of the Corporations Code, in the case of a domestic corporation, or
the obtaining of a certificate of qualification
pursuant to Sections 2105 and 2106 of the Corporations Code, in the case of a foreign corporation, shall establish a rebuttable presumption that the corporation has the exclusive right to
use as a trade name, in the state the corporate name set forth in the articles or certificate, as well as any confusingly similar trade name, if the corporation is the first to have filed the
articles or obtained the certificate containing the corporate name, and is actually engaged in a trade or business utilizing that corporate name or a confusingly similar name.
If a foreign corporation continues to have authority to transact intrastate business pursuant to Section 2102 of the Corporations Code, the foreign corporation shall be considered to
have obtained its certificate of qualification pursuant to law for the purposes of this section on the date it first qualified to transact intrastate business in this state.
The rebuttable presumption created by this section affects the burden of producing evidence.
14416. If, as to the same or a confusingly similar trade
name, in a county, there are both a corporation entitled to the rebuttable
presumption created by Section 14415 and a registrant
entitled to the benefit of the presumption created by Section 14411, whichever has filed the fictitious business name statement, filed the articles of incorporation, or obtained the certificate
of qualification first in time, and is actually engaged in a trade or business utilizing such fictitious business name, such corporate name, or a confusingly similar name, shall be entitled to the
presumption as against the other, that he has the exclusive right to use such fictitious business name, or such corporate name, or a confusingly similar name, as a trade name in the county
where the registrant has filed his fictitious business name statement.
14417. The filing of articles of incorporation pursuant
to Section 200 of the Corporations Code shall not of itself authorize the
use in this state of a corporate name in violation of the
rights of another under the federal Trademark Act (15 U.S.C. Sec. 1051 et seq.), the Trademark Act (Chapter 2 (commencing with Section 14200) of Division 6), the Fictitious
Business Name Act (Chapter 5 (commencing with Section 17900) of Division 7), or the common law, including rights in a trade name. The Secretary of State shall deliver a notice to
this effect to each newly organized corporation.
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