§ 47-25-03 — Trade name - Nature (Contingent effective date - See note)

North Dakota § 47-25-03

• Jurisdiction: North Dakota
• Title 47: Property
• Ch. 47-25: Trade Names

Text

A trade name:
1. Must be expressed in letters or characters used in the English language as those
letters or characters appear in the American standard code for information interchange
(ASCII) table.
2. May not contain the word "company", "corporation", "incorporated", "limited", "limited
liability company", "limited partnership", "limited liability partnership", "limited liability
limited partnership", or any abbreviation of any of those words unless the owner of the
trade name is a corporation, limited liability company, limited partnership, limited
liability partnership, or limited liability limited partnership as indicated by the words
used in the name.
3. May not be the same as or deceptively similar to any name reserved or registered with
the secretary of state unless there is filed with the registration a written consent from
the holder of the similar name to use the proposed name and filing fee of ten dollars,
whether domestic or foreign, including:
a. Any corporate name;
b. Any limited liability company name;
c. Any other trade name;
d. Any fictitious partnership name;
e. Any limited partnership name;
f. Any limited liability partnership name;
g. Any limited liability limited partnership name; or
h. Any trademark or service mark.
4. That is a franchise must be accompanied by a written consent from the franchiser.
Trade name - Nature. (Contingent effective date - See note)
1. A trade name:
a. Must be expressed in letters or characters used in the English language as those
letters or characters appear in the American standard code for information
interchange (ASCII) table.
b. May not contain the word "company", "corporation", "incorporated", "limited",
"limited liability company", "limited partnership", "limited liability partnership",
"limited liability limited partnership", or an abbreviation of any of those words
unless the owner of the trade name is a corporation, limited liability company,
limited partnership, limited liability partnership, or limited liability limited
partnership as indicated by the words used in the name.
c. Must be distinguishable in the records of the secretary of state from a name
reserved or registered with the secretary of state unless there is filed with the
registration a written consent from the holder of the indistinguishable name to use
the proposed name and filing fee of ten dollars, whether domestic or foreign,
including:
(1) A corporate name;
(2) A limited liability company name;
(3) Any other trade name;
(4) A fictitious partnership name;
(5) A limited partnership name;
(6) A limited liability partnership name;
(7) A limited liability limited partnership name; or
(8) A trademark or service mark.

d. That is a franchise must be accompanied by a written consent from the
franchiser.
2. The secretary of state shall determine whether a trade name is distinguishable in the
secretary of state's records from another trade name for purposes of this chapter and
may adopt rules reasonable or necessary for making these determinations.