§425-6  Partnership name.  (a)  Nostatement or certificate of any partnership shall be recorded by the directorunless the name is not the same as, or substantially identical to the name ofany domestic corporation, partnership, limited partnership, limited liabilitycompany, or limited liability partnership existing or registered under the lawsof this State, or any foreign corporation, partnership, limited partnership,limited liability company, or limited liability partnership authorized totransact business in this State, or any trade name, trademark, or service markregistered in this State, or a name the exclusive right to which is, at thetime, reserved in this State, except that this provision shall not apply if thepartnership files with the director any one of the following:

(1)  The written consent from the entity or holder ofa reserved or registered name to use the same or substantially identical name,and one or more words are added to make the name distinguishable from the othername; or

(2)  A certified copy of a final decree of a court ofcompetent jurisdiction establishing the prior right of the partnership to theuse of the name in this State.

(b)  The acceptance of a statement orcertificate of a partnership for registration by the director shall notabrogate or limit any common law or other right of any person to anycorporation, partnership, limited partnership, limited liability company, orlimited liability partnership name, trade name, trademark, or service mark.

(c)  The director may make, amend, and repealsuch rules as may be necessary to carry out the purposes of this section. [L1969, c 247, pt of §1; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984,c 118, §3; am L 1996, c 92, §13; am L 1999, c 249, §23; am L 2000, c 219, §52;am L 2001, c 129, §69]

 

Case Notes

 

  Cited:  37 H. 382; 46 H. 15, 19, 374 P.2d 1.