§ 34535 Brand Ownership Disputes

Food and Agricultural Code·California

AI SummaryVerified

Key Takeaways

•If two people want the same or a very similar brand name, the director will decide who had it first.
•The person who had the brand first gets to keep it.
•The director will not let the other person use the same or similar brand name.

Example

Two farmers want to use the name 'Happy Cow' for their milk.

The director will check who used 'Happy Cow' first. The first farmer gets to keep the name, and the second farmer has to pick a different name.

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

Official Source

View on CA.gov

§ 34535 Brand Ownership Disputes

If it appears that two or more applicants have applied for the registration of the same or similar brands, the director may, after hearing, determine the right of prior ownership in such brand. When such right of prior ownership is determined, the director shall refuse to register, or shall cancel the registration of, any duplicate or similar brand. (Enacted by Stats. 1967, Ch. 15.)

Last verified: January 23, 2026

Key Terms

registration same or similar brands right of prior ownership duplicate or similar brand

References

Official text at leginfo.legislature.ca.gov
California Legislature. Food and Agricultural Code. Section 34535.

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Key Takeaways

Example

Key Terms

Related Statutes

References