California Codes, Business and Professions Code - BPC, Division 6 — Business Rights, Chapter 3 — Trade Names and Designations, Article 1.5 — Trade Name Registration, Section 14411

The filing of any fictitious business name statement by a person required to file such statement pursuant to Section 17910 shall establish a rebuttable presumption that the registrant has the exclusive right to use as a trade name the fictitious business name, as well as any confusingly similar trade name, in the county in which the statement is filed, if the registrant is the first to file such a statement containing the fictitious business name in that county, and is actually engaged in a trade or business utilizing such fictitious business name or a confusingly similar name in that county.

The rebuttable presumption created by this section shall be one affecting the burden of producing evidence.

Notes

Establishes a rebuttable presumption that the first registrant to file a fictitious business name statement in a county has the exclusive countywide right to that name and confusingly similar trade names, if the registrant actually conducts business there using such a name. The presumption affects the burden of producing evidence.

Use as reference

Lexinter.net | California Code, Business and Professions Code - BPC § 14411 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-6/chapter-3/article-1-5/section-14411

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