42-2-6.6 - Assumed name.
42-2-6.6. Assumed name.
(1) The assumed name:
(a) may not contain any word or phrase that indicates or implies that the business isorganized for any purpose other than one or more of the purposes contained in its application;
(b) shall be distinguishable from any registered name or trademark of record in theoffices of the Division of Corporations and Commercial Code, as defined in Subsection16-10a-401(5), except as authorized by the Division of Corporations and Commercial Codepursuant to Subsection (2);
(c) without the written consent of the United States Olympic Committee, may not containthe words:
(i) "Olympic";
(ii) "Olympiad"; or
(iii) "Citius Altius Fortius";
(d) without the written consent of the Division of Consumer Protection issued inaccordance with Section 13-34-114, may not contain the words:
(i) "university";
(ii) "college"; or
(iii) "institute" or "institution"; and
(e) an assumed name authorized for use in this state on or after May 1, 2000, may notcontain the words:
(i) "incorporated";
(ii) "inc."; or
(iii) a variation of "incorporated" or "inc."
(2) Notwithstanding Subsection (1)(e), an assumed name may contain a word listed inSubsection (1)(e) if the Division of Corporations and Commercial Code authorizes the use of thename by a corporation as defined in:
(a) Subsection 16-6a-102(25);
(b) Subsection 16-6a-102(34);
(c) Subsection 16-10a-102(11); or
(d) Subsection 16-10a-102(20).
(3) The Division of Corporations and Commercial Code shall authorize the use of thename applied for if:
(a) the name is distinguishable from one or more of the names and trademarks that are onthe division's records; or
(b) the applicant delivers to the division a certified copy of the final judgment of a courtof competent jurisdiction establishing the applicant's right to use the name applied for in thisstate.
(4) The assumed name, for purposes of recordation, shall be either translated into Englishor transliterated into letters of the English alphabet if it is not in English.
(5) The Division of Corporations and Commercial Code may not approve an applicationfor an assumed name to any person violating this section.
(6) The director of the Division of Corporations and Commercial Code shall have thepower and authority reasonably necessary to interpret and efficiently administer this section andto perform the duties imposed on the division by this section.
(7) A name that implies by any word in the name that it is an agency of the state or of any
of its political subdivisions, if it is not actually such a legally established agency, may not beapproved for filing by the Division of Corporations and Commercial Code.
(8) Section 16-10a-403 applies to this chapter.
(9) (a) The requirements of Subsection (1)(d) do not apply to a person who filed acertificate of assumed and of true name with the Division of Corporations and Commercial Codeon or before May 4, 1998, until December 31, 1998.
(b) On or after January 1, 1999, any person who carries on, conducts, or transactsbusiness in this state under an assumed name shall comply with the requirements of Subsection(1)(d).
Amended by Chapter 218, 2010 General Session