California Codes, Business and Professions Code - BPC, Division 6 — Business Rights, Chapter 3 — Trade Names and Designations, Article 1.5 — Trade Name Registration, Section 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.
Notes
Establishes priority between a corporation and a fictitious-business-name registrant claiming the same or a confusingly similar trade name in a county: the party that first filed its statement or incorporation articles, or first obtained its qualification certificate, and actually uses the relevant name in business receives the exclusive-use presumption against the other in that county.
Use as reference
Lexinter.net | California Code, Business and Professions Code - BPC § 14416 | https://laws.lexinter.net/codes/california/business-and-professions-code/division-6/chapter-3/article-1-5/section-14416