The authorization granted by the division to file articles of incorporation under a corporate name or to reserve a name does not:

(1)  abrogate or limit the law governing unfair competition or unfair trade practices;

Terms Used In Utah Code 16-10a-403

  • Articles of incorporation: include :
(a) amended and restated articles of incorporation;
(b) articles of merger; and
(c) a document of a similar import to those described in Subsections (4)(a) and (b). See Utah Code 16-10a-102
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Corporate name: means :
    (a) the name of a domestic corporation or a domestic nonprofit corporation as stated in its articles of incorporation; or
    (b) the name of a foreign corporation or a foreign nonprofit corporation as stated in its articles of incorporation or document of similar import. See Utah Code 16-10a-102
  • Division: means the Division of Corporations and Commercial Code. See Utah Code 16-10a-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • (2)  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

    (3)  create an exclusive right in geographic or generic terms contained within a name.

    Enacted by Chapter 277, 1992 General Session