State Codes and Statutes

Statutes > New-york > Gbs > Article-12 > 209-c

§  209-c.  Registration  of  identical,  similar  or  misleading names  prohibited. The secretary of state shall not record,  register  or  file  any  name  or designation identical with or similar to any other name or  designation  filed  or  registered  as  herein  provided  as  would   be  calculated   to  deceive  or  mislead  the  public,  unless  such  prior  registration shall have been revoked as  herein  provided.  The  supreme  court  may,  in  an  action  brought  for  that purpose by any person or  corporation aggrieved thereby against any other  person  or  corporation  who  or  which  has  already  filed  or  registered  any  such  name  or  designation, direct the revocation of any  such  registration  where  it  shall  be determined that the person who has already registered the same  has not the right to use such name or designation because of  the  prior  use  thereof  by  another.   No person other than the proprietor of such  name or designation, which has been filed in the office of the secretary  of state and in the office of the county  clerk,  as  aforesaid,  shall,  without   the   written  consent  of  such  proprietor,  in  any  manner  whatsoever, either directly or indirectly, use such name or designation,  or any other name or designation for the name of an hotel  or  motel  in  the  state  of New York which may be so similar as to deceive or mislead  the public. Any person or corporation may assign to any other person  or  corporation all right, title and interest in, to and under the aforesaid  certificate of the secretary of state. Nonuse of the name or designation  described in any certificate of the secretary of state for the period of  one  year  shall operate as an abandonment of the right to use such name  or designation thereafter.

State Codes and Statutes

Statutes > New-york > Gbs > Article-12 > 209-c

§  209-c.  Registration  of  identical,  similar  or  misleading names  prohibited. The secretary of state shall not record,  register  or  file  any  name  or designation identical with or similar to any other name or  designation  filed  or  registered  as  herein  provided  as  would   be  calculated   to  deceive  or  mislead  the  public,  unless  such  prior  registration shall have been revoked as  herein  provided.  The  supreme  court  may,  in  an  action  brought  for  that purpose by any person or  corporation aggrieved thereby against any other  person  or  corporation  who  or  which  has  already  filed  or  registered  any  such  name  or  designation, direct the revocation of any  such  registration  where  it  shall  be determined that the person who has already registered the same  has not the right to use such name or designation because of  the  prior  use  thereof  by  another.   No person other than the proprietor of such  name or designation, which has been filed in the office of the secretary  of state and in the office of the county  clerk,  as  aforesaid,  shall,  without   the   written  consent  of  such  proprietor,  in  any  manner  whatsoever, either directly or indirectly, use such name or designation,  or any other name or designation for the name of an hotel  or  motel  in  the  state  of New York which may be so similar as to deceive or mislead  the public. Any person or corporation may assign to any other person  or  corporation all right, title and interest in, to and under the aforesaid  certificate of the secretary of state. Nonuse of the name or designation  described in any certificate of the secretary of state for the period of  one  year  shall operate as an abandonment of the right to use such name  or designation thereafter.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gbs > Article-12 > 209-c

§  209-c.  Registration  of  identical,  similar  or  misleading names  prohibited. The secretary of state shall not record,  register  or  file  any  name  or designation identical with or similar to any other name or  designation  filed  or  registered  as  herein  provided  as  would   be  calculated   to  deceive  or  mislead  the  public,  unless  such  prior  registration shall have been revoked as  herein  provided.  The  supreme  court  may,  in  an  action  brought  for  that purpose by any person or  corporation aggrieved thereby against any other  person  or  corporation  who  or  which  has  already  filed  or  registered  any  such  name  or  designation, direct the revocation of any  such  registration  where  it  shall  be determined that the person who has already registered the same  has not the right to use such name or designation because of  the  prior  use  thereof  by  another.   No person other than the proprietor of such  name or designation, which has been filed in the office of the secretary  of state and in the office of the county  clerk,  as  aforesaid,  shall,  without   the   written  consent  of  such  proprietor,  in  any  manner  whatsoever, either directly or indirectly, use such name or designation,  or any other name or designation for the name of an hotel  or  motel  in  the  state  of New York which may be so similar as to deceive or mislead  the public. Any person or corporation may assign to any other person  or  corporation all right, title and interest in, to and under the aforesaid  certificate of the secretary of state. Nonuse of the name or designation  described in any certificate of the secretary of state for the period of  one  year  shall operate as an abandonment of the right to use such name  or designation thereafter.