Insignia of Nonprofit Associations

Corporations Code Title 3, Part 2, Chapter 4 deals with insignia for nonprofit associations in this state. Section 21300 defines the term “association” and “insignia.”

Section 21301 provides that any association, the principles and activities of which are not repugnant to the Constitution or laws of the United States or of this State, may register in the office of the Secretary of State a facsimile or description of its name or insignia and may by reregistration alter or cancel it.

Section 21302 prohibits an association from being allowed to register any name or insignia similar to or so nearly resembling another name or insignia already registered as may be likely to deceive.

Section 21303 requires application for registration, alteration, or cancellation to be made by the chief officer or officers of the association.

Section 21304 requires the Secretary of State to charge and collect a fee for each registration made under this chapter.

Section 21305 requires, upon registration, the Secretary of State to issue his certificate setting forth the fact of the registration.

Section 21306 requires the Secretary of State to keep a properly indexed record of the registrations provided for by this chapter.

Section 21307 provides that any person who willfully wears, exhibits, or uses for any purpose a name or insignia registered under this chapter, unless he is entitled to use, wear, or exhibit the name or insignia under the constitution, bylaws, or rules of the association which registered it, is guilty of a misdemeanor punishable by fine of not to exceed $200 or by imprisonment in the county jail for a period not to exceed 60 days.

Section 21308 explains that any court of competent jurisdiction may restrain by injunction two specified uses of the insignia or name of an association.

Section 21309 states that it is not necessary to allege or prove actual damages or the threat, or actual injury or the threat to the plaintiff, but in addition to injunctive relief any plaintiff in any an action is entitled to recover the amount of the actual damages, if any, sustained by the plaintiff.

Section 21310 provides that the use of the name or insignia of any association by any person not entitled to use it under the constitution, by-laws, rules or regulations of the association or by the written consent of the association, is presumptive evidence of the unlawful use of or traffic in such name or insignia.