§425-6  Partnership name.  (a)  No
statement or certificate of any partnership shall be recorded by the director
unless the name is not the same as, or substantially identical to the name of
any domestic corporation, partnership, limited partnership, limited liability
company, or limited liability partnership existing or registered under the laws
of this State, or any foreign corporation, partnership, limited partnership,
limited liability company, or limited liability partnership authorized to
transact business in this State, or any trade name, trademark, or service mark
registered in this State, or a name the exclusive right to which is, at the
time, reserved in this State, except that this provision shall not apply if the
partnership files with the director any one of the following:



(1)  The written consent from the entity or holder of
a 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 other
name; or



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



(b)  The acceptance of a statement or
certificate of a partnership for registration by the director shall not
abrogate or limit any common law or other right of any person to any
corporation, partnership, limited partnership, limited liability company, or
limited liability partnership name, trade name, trademark, or service mark.



(c)  The director may make, amend, and repeal
such rules as may be necessary to carry out the purposes of this section. [L
1969, 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.