California Codes, Business and Professions Code - BPC, Division 6 — Business Rights, Chapter 2 — Model State Trademark Law, Article 9 — Violations, Section 14254

(a) Actions 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 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.

Notes

Requires actions seeking cancellation of a registered mark or mandamus compelling registration to be brought in superior court. Mandamus review is limited to the record before the secretary; in cancellation actions the secretary is notified and may intervene but is not a party, and service on a nonresident registrant may be made through the secretary under the cited procedures.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 14254 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-6/chapter-2/article-9/section-14254

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