Nebraska § 87-209 Trade name;
not registered; when

Nebraska Statutes

§ 87-209 — Trade name; not registered; when

Nebraska § 87-209

Ch. 87Trade Practices

This text of Nebraska § 87-209 (Trade name; not registered; when) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 87-209 (2026).

Text

A trade name shall not be registered if it:

(1)Consists of or comprises immoral, deceptive, or scandalous matter;

(2)Consists of or comprises matter which may disparage, bring into contempt or disrepute, or falsely suggest a connection with, persons living or dead, institutions, beliefs, or national symbols;

(3)Consists of, comprises, or simulates the flag or coat of arms or other insignia of the United States, any state or municipality, or any foreign nation;

(4)Consists of or comprises the name, signature, or portrait of any living individual without his or her consent;

(5)(a) Is merely descriptive or misdescriptive, or is primarily geographically descriptive or geographically misdescriptive as applied to the business of the applicant, or (b) is primarily merely a surname, but nothin

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A trade name shall not be
registered if it:
(1) Consists of or comprises immoral, deceptive, or scandalous
matter;
(2) Consists of or comprises matter which may disparage,
bring into contempt or disrepute, or falsely suggest a connection with, persons
living or dead, institutions, beliefs, or national symbols;
(3) Consists of, comprises, or simulates the flag or coat
of arms or other insignia of the United States, any state or municipality,
or any foreign nation;
(4) Consists of or comprises the name, signature, or portrait
of any living individual without his or her consent;
(5)(a) Is merely descriptive or misdescriptive, or is primarily
geographically descriptive or geographically misdescriptive as applied to
the business of the applicant, or (b) is primarily merely a surname, but nothing
in this subdivision shall prevent the registration of a trade name which has
become distinctive of the applicant's business in this state. The Secretary
of State may accept as evidence that a trade name has become distinctive proof
of continuous use by the applicant as a trade name in this state or elsewhere
for five years preceding the date of the filing of the application for registration;
(6) Consists of or comprises a trade name which so resembles
a trade name registered under sections 87-208 to 87-219.01 , registered
in this state, or the name of a business entity on file or registered with
the Secretary of State pursuant to Nebraska law as to be likely to cause confusion,
mistake, or deception of purchasers, except that a name, although similar,
may be used if the business entity affected consents in writing and such writing
is filed with the Secretary of State. The word incorporated, inc., or corporation
shall not be a part of the trade name being registered unless the firm is
duly incorporated in the State of Nebraska or some other state; or
(7) Consists of the word geologist or any modification or
derivative of such word, and the applicant does not meet the requirements
of subsection (6) of section 81-3528 .

Legislative History

Source: Laws 1967, c. 628, § 2, p. 2100; Laws 1969, c. 856, § 2, p. 3225; Laws 1971, LB 486, § 2; Laws 1997, LB 44, § 12; Laws 1997, LB 453, § 7; Laws 1998, LB 1161, § 91; Laws 2011, LB462, § 9.