§ 47-25-07 — Cancellation

North Dakota § 47-25-07

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

Text

The secretary of state shall cancel from the register:
1. A registration for which the secretary of state receives a voluntary request for
cancellation from the registrant or the assignee of record on forms prescribed by the
secretary of state. In the case of a registrant who is a deceased individual, the request
for cancellation may be made by the personal representative of the registrant's estate.
2. A registration for which a state district court finds any of the following:
a. That the registered trade name has been abandoned.
b. That the registrant is not the owner of the trade name.
c. That the registration was granted improperly.
d. That the registration was obtained fraudulently.
e. That the trade name registered is so similar to a trade name registered by
another person as to be likely to cause confusion or mistake or to deceive.
3. A registration a district court orders canceled on any grounds.
4. A trade name when the registrant is a corporation, limited liability company, limited
partnership, limited liability partnership, or limited liability limited partnership that has
ceased to exist for six months.
5. A trade name in which a misrepresentation has been made of any material matter. The
secretary of state may not cancel a trade name under this subsection unless the
secretary of state has given notice of not less than thirty days to the registrant and any
parties that may be misrepresented at the address or electronic address on file with
the secretary of state.