| (1) |
This chapter does not affect or apply to any corporation organized under the laws of any state if it does business under its true corporate name. |
Terms Used In Utah Code 42-2-9
- 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.
- 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.
- 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
- Statute: A law passed by a legislature.
| (2) |
| (a) |
This chapter does not affect the statutory or common law trademark, service mark, or trade name rights granted by state or federal statute. |
| (b) |
An act listed in Subsection (2)(c) of itself does not authorize the use in this state of an assumed name in violation of the rights of another as established under:
| (iii) |
the state law relating to names of corporations, partnerships, and other legal business entities; |
| (v) |
the common law, including rights in a trade name. |
|
| (c) |
Subsection (2)(b) applies to:
| (i) |
a filing under this chapter; |
| (ii) |
an approval by the Division of Corporations and Commercial Code pursuant to this chapter; or |
| (iii) |
the use of an assumed name. |
|
|
| (3) |
This chapter does not affect or apply to any limited liability company doing business in this state under its true name. |
Amended by Chapter 318, 2002 General Session
