§ 48-5-105 — Permitted names.

Utah § 48-5-105

• Jurisdiction: Utah
• Title 48: Unincorporated Business Entity Act
• Ch. 48-5: Decentralized Autonomous Organization Act
• Part 48-5-1: General Provisions

Text

(1) (1)(a) The name of a limited liability decentralized autonomous organization shall contain the words limited liability decentralized autonomous organization or limited decentralized autonomous organization or the abbreviation L.L.D., LLD, L.D., or LD.
(1)(b) Limited may be abbreviated as Ltd., and decentralized autonomous organization may be abbreviated as DAO.
(2) Except as authorized by Subsection (3), the name of a decentralized autonomous organization shall be distinguishable as defined in Subsection (4) upon the records of the division from:
(2)(a) the actual name, reserved name, or fictitious or assumed name of any entity registered with the division; or
(2)(b) any tradename, trademark, or service mark registered with the division.
(3) (3)(a) A decentralized autonomous organization may apply to the division for approval to reserve a name that is not distinguishable upon the division's records from one or more of the names described in Subsection (2).
(3)(b) The division shall approve the name for which the decentralized autonomous organization applies under Subsection (3)(a) if:
(3)(b)(i) the other person with a name that is not distinguishable from the name under which the applicant desires to file:
(3)(b)(i)(A) consents to the filing in writing; and
(3)(b)(i)(B) files a form approved by the division to change the person's name to a name that is distinguishable from the name of the applicant; or
(3)(b)(ii) the applicant delivers to the division a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name in this state.
(4) A name is distinguishable from other names, trademarks, and service marks registered with the division if the name contains one or more different words, letters, or numerals from other names upon the division's records.
(5) The following differences are not distinguishing:
(5)(a) the term:
(5)(a)(i) decentralized autonomous organization;
(5)(a)(ii) DAO;
(5)(a)(iii) limited liability decentralized autonomous organization;
(5)(a)(iv) L.L.D. or L.L.DAO; or
(5)(a)(v) L.D. or L.DAO;
(5)(b) an abbreviation of a word listed in Subsection (5)(a);
(5)(c) the presence or absence of the words or symbols of the words "the," "and," "a," or "plus";
(5)(d) differences in punctuation and special characters;
(5)(e) differences in capitalization; or
(5)(f) differences in singular and plural forms of words.
(6) The division may not approve for filing a name that implies that a decentralized autonomous organization is an agency of this state or any of the state's political subdivisions, if the decentralized autonomous organization is not actually such a legally established agency or subdivision.
(7) The authorization to reserve or register a decentralized autonomous organization name as granted by the division does not:
(7)(a) abrogate or limit the law governing unfair competition or unfair trade practices;
(7)(b) derogate from the common law, the principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect names and trademarks; or
(7)(c) create an exclusive right in geographic or generic terms contained within a name.
(8) The name of a decentralized autonomous organization may not contain:
(8)(a) the term:
(8)(a)(i) association;
(8)(a)(ii) corporation;
(8)(a)(iii) incorporated;
(8)(a)(iv) partnership;
(8)(a)(v) limited liability company;
(8)(a)(vi) limited partnership; or
(8)(a)(vii) L.P.;
(8)(b) any word or abbreviation that is of like import to the terms listed in Subsection (8)(a);
(8)(c) without the written consent of the United States Olympic Committee, the words:
(8)(c)(i) Olympic;
(8)(c)(ii) Olympiad; or
(8)(c)(iii) Citius Altius Fortius; or
(8)(d) the number sequence 911.
(9) A person, other than a decentralized autonomous organization formed under this chapter or another decentralized autonomous organization that is authorized to transact business in this state, may not use in the person's name in this state the term:
(9)(a) limited liability decentralized autonomous organization;
(9)(b) limited decentralized autonomous organization;
(9)(c) L.L.DAO or L.L.D; or
(9)(d) L.DAO or L.D.

Legislative History

Amended by Chapter 161, 2024 General Session