2005 California Business and Professions Code Sections 14200-14212 Article 1. Definitions and General Provisions

14200.  This chapter of the Business and Professions Code
constitutes the chapter on trademarks and may be cited as the
"Trademark Law."
14201.  Unless the context otherwise requires, the definitions and
general provisions in this article govern the construction of this
chapter.
14202.  "Applicant" means any person filing an application for
registration of a trademark under this chapter, his legal
representatives, successors or assigns.
14203.  "Mark" includes any trademark or service mark entitled to
registration pursuant to this chapter whether registered or not.
14204.  "Person" means any individual, firm, partnership,
corporation, limited liability company, union, association, entity,
or other organization.
14205.  "Registrant" means any person to whom the registration of a
mark under this chapter is issued, his legal representatives,
successors or assigns.
14206.  "Service mark" means a mark used in the sale or advertising
of services to identify the services of one person and distinguish
them from the services of others.
14207.  "Trademark" means any word, name, symbol, or device or any
combination thereof adopted and used by a person to identify goods
made or sold by him and to distinguish them from goods made or sold
by others.
14208.  "Trade name" means a word, name, symbol, device or any
combination thereof used by a person to identify his business,
vocation or occupation and distinguish it from the business, vocation
or occupation of others.
14209.  For the purposes of this chapter, a trademark shall be
deemed to be "used" in this state (a) on goods when it is placed in
any manner on the goods or their containers or the displays
associated therewith or on the tags or labels affixed thereto and
such goods are sold or otherwise distributed in the state, and (b) on
services when it is used or displayed in the sale or advertising of
services and the services are rendered in this state.
14210.  Nothing in this chapter shall adversely affect the rights or
the enforcement of rights in marks acquired in good faith at any
time at common law.
14211.  If any provision of this chapter, or the application of such
provision to any person or circumstance is held invalid, the
remainder of this chapter shall not be affected thereby.
14212.  This chapter shall not affect any suit, proceeding or appeal
pending on the effective date of this chapter.