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HomeBusiness and Professions CodeGeneral ProvisionsCh. 2Art. 9§ 14259 Common Law Trademark Rights

§ 14259 Common Law Trademark Rights

Business and Professions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 14259 Common Law Trademark Rights

Key Takeaways

  • •If you use a name or logo for your business honestly and fairly, this law protects your right to keep using it.
  • •Even if there’s no official paperwork, if you’ve been using a mark (like a brand name) in good faith, you still have rights to it.
  • •This law makes sure that honest business owners don’t lose their rights just because of new rules.

Example

You’ve been selling homemade jam under the name 'Grandma’s Best Jam' for years, but never registered it officially.

This law says you can keep using 'Grandma’s Best Jam' because you’ve been using it honestly, even if someone else tries to claim it later.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 14259 Common Law Trademark Rights

Nothing herein shall adversely affect the rights or the enforcement of rights in marks acquired in good faith at any time within common law. (Added by Stats. 2007, Ch. 711, Sec. 2. Effective January 1, 2008.)

Last verified: January 22, 2026

Key Terms

rightsenforcement of rightsmarksgood faithcommon law

Related Statutes

  • § 14245 Trademark Infringement Penalties
  • § 14247 Famous Mark Dilution Protection
  • § 14250 Counterfeit Mark Enforcement
  • § 14252 Registrant Penal Rights Preservation
  • § 14254 Trademark Registration Legal Actions

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Business and Professions Code. Section 14259.
View Official Source