Article 3. Applications of California Food And Agricultural Code >> Division 10. >> Chapter 4. >> Article 3.

Any person that desires to use a brand in this state may acquire the right to do so pursuant to this chapter. Application forms for this purpose shall be furnished by the bureau upon request.

To conform to the objective of this chapter, all applications for the recordation of a brand shall be accepted by the chief only if the proposed brand design fulfills the following requirements:
  (a) Is not in conflict with any other recorded brand in this state.
  (b) Is capable of producing a like design when burned into the hide of an animal.
  (c) Is capable of readily symbolizing the intended design to any person who views it.
  (d) Lends itself to common verbal description.

An application for the recordation of a brand shall be filed with the bureau.

The application shall contain all of the following:
  (a) A facsimile of the brand which is sought to be recorded.
  (b) A statement of the location on the animal where the brand is to be applied.
  (c) The name and address of the applicant.
  (d) The signature of a parent or guardian if the applicant is under 18 years of age.

A mark may be recorded only with a brand. If a mark is sought to be recorded with a brand, the application shall also contain a diagram which shows the manner of marking.

Upon receipt of an application, the bureau shall examine the application and compare the design applied for with brands that are already of record.

An application shall not be accepted for the recordation of a brand which consists only of a mark.

An application shall not be accepted for the recordation of a brand if the brand is to be applied to any of the following:
  (a) Either jaw.
  (b) The face.
  (c) The nose.
  (d) Either loin.
  (e) The breeching of an animal.

An application shall not be accepted for the recordation of a brand which is accompanied by a mark if the use of the mark involves cutting off more than one-half of an ear.

An application shall not be accepted for the recordation of a brand except upon the payment of the fee for the recordation of the brand.

If the application does not conform to the requirements of, or cannot be accepted pursuant to, this chapter, a statement of the reason why it cannot be accepted shall be transmitted to the applicant.

Any person who is aggrieved at any determination made pursuant to Section 20662 may appeal in person to the Livestock Identification Advisory Board. Upon receipt of a written request from the person appealing the decision, such person shall be permitted to present his views to the board. The board may recommend to the director to affirm, reverse, or modify the determination. The decision of the director shall be final.