(1) No person shall procure or maintain the registration of an assumed business name with the Office of the Secretary of State by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means. No person shall register or use an assumed business name with an intent to create a likelihood of confusion with another person.

Terms Used In Oregon Statutes 648.081

  • Assumed business name: includes a name that a person uses to identify a business that incorporates a word or phrase that suggests the existence of additional owners, such as 'Company,' '& Company,' '& Daughters,' '& Associates,' or a similar word or phrase, unless the name is the real and true name of the person that carries on, conducts or transacts the business. See Oregon Statutes 648.005
  • Business: means activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, or for commercial gain. See Oregon Statutes 648.005
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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: means an individual or an entity. See Oregon Statutes 648.005
  • Registrant: means a person for which the Secretary of State has registered an application filed under ORS § 648. See Oregon Statutes 648.005

(2) A person that is not a corporation, limited liability company, business trust or limited partnership violates subsection (1) of this section if the person registers an assumed business name that contains the words ‘corporation,’ ‘incorporated,’ ‘limited liability company,’ ‘limited partnership’ or ‘business trust’ or an abbreviation of any of those terms.

(3) A foreign or domestic profit or nonprofit corporation may register as an assumed business name its corporate name minus the word, abbreviation or phrase that ORS § 60.094 or 60.717 requires.

(4) A foreign or domestic limited liability company may register as an assumed business name its limited liability company name minus the word, abbreviation or phrase that ORS § 63.094 or 63.717 requires.

(5) A foreign or domestic limited partnership may register as an assumed business name its limited partnership name minus the word, abbreviation or phrase that ORS § 70.010 or 70.365 requires.

(6) A foreign or domestic business trust may register as an assumed business name its business trust name minus the word, abbreviation or phrase that ORS § 60.094 or 60.717 requires.

(7) The Secretary of State shall cancel the registration of a conflicting assumed business name if a person other than the registrant submits to the Office of the Secretary of State a certified copy of a final judgment of a court that finds that the person has a right superior to that of the registrant to use the name in this state. Nothing in this subsection shall preclude the Secretary of State from seeking a civil penalty under ORS § 648.990 after cancellation if the former registrant continues to carry on, to conduct or to transact business under the assumed business name.

(8) Nothing in this section shall limit any person’s right to seek a remedy under ORS § 646.638 or to seek an injunction under ORS § 647.107. [1985 c.728 § 97; 1987 c.94 § 106; 1995 c.454 § 10; 2003 c.576 § 529]

 

[Amended by 1963 c.551 § 12; repealed by 1985 c.728 § 110]

 

[Amended by 1961 c.355 § 2; repealed by 1963 c.551 § 21]

 

[1963 c.551 § 13; repealed by 1983 c.717 § 42]

 

[Repealed by 1963 c.551 § 21]

 

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