Louisiana Revised Statutes 51:215 – A.(1) Upon compliance by the applicant with the requirements of this Subpart, if the secretary of state finds that the trade name is distinguishable from or not the same as a trade n
Terms Used In Louisiana Revised Statutes 51:215
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
A.(1) Upon compliance by the applicant with the requirements of this Subpart, if the secretary of state finds that the trade name is distinguishable from or not the same as a trade name, limited liability company name, partnership name, or corporate name already in use in this state, or that the trademark or service mark is distinguishable from or not the same as a trademark or service mark already in use in this state which is registered in the same class, the secretary of state shall cause a certificate of registration to be issued and delivered to the applicant.
(2) The certificate of registration shall be issued under the signature of the secretary of state and the seal of his office, and it shall show the name and business address and, if a corporation, the state of incorporation, of the person claiming ownership of the trade name or mark, the date claimed for the first use of the trade name or mark in this state, and, if a trade mark or service mark, the class of goods or services and a written description of the goods or services on which the mark is used, a reproduction of the mark, the registration date and the term of the registration.
B. Any certificate of registration issued by the secretary of state under the provisions hereof or a copy thereof duly certified by the secretary of state shall be admissible in evidence as competent and sufficient proof of the registration of such trade name or mark in any action or judicial proceedings in any court of this state.
Acts 1954, No. 235, §2. Amended by Acts 1968, No. 475, §1; Acts 1983, No. 90, §1; Acts 1989, No. 654, §2, eff. July 7, 1989; Acts 1995, No. 847, §4, eff. June 27, 1995; Acts 2017, No. 367, §2.