§ 47-25-01 — Trade name defined - Registration

1. a. As used in this section, a "trade name" is a name assumed to identify the
business or activities of an individual or organization and which does not include
in the name:
(1) The true name of the organization using the name;
(2) The first name and surname of each individual using the business name; or
(3) The surname of each individual, repeating a surname if more than one
owner has the same surname.
b. A name assumed under paragraph 3 or a name of an organization or association
not otherwise registered with the secretary of state is a trade name if a license or
permit to conduct business or operations is required by this state.
2. A person or organization that has registered a trade name under this section may
institute a civil suit prohibiting any other person from using the name.
3. This chapter does not prohibit any person engaged in business under a trade name
before July 1, 1959, from continuing business under that name.
4. Notwithstanding any other provision of law, an individual or organization may register
as a trade name under section 47-25-04 any name listed in paragraph 1, 2, or 3 of
subdivision a of subsection 1.