State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter2

CHAPTER 2 - TRADE NAMES REGISTRATION

 

40-2-101. Definitions.

 

 

(a) As used in this act unless the context otherwise requires:

 

(i) "Applicant" means a person filing an applicationfor registration or reservation of a trade name under this act, his legalrepresentatives, successors or assigns;

 

(ii) "Person" means an individual, corporation,government or governmental subdivision or agency, business trust, estate,trust, partnership, unincorporated association, two (2) or more of theforegoing having a joint or common interest, or any other legal or commercialentity;

 

(iii) "Registrant" means a person to whom registrationof a trade name under this act is issued, his legal representatives, successorsor assigns;

 

(iv) "Trade name" means a word, name, or anycombination of the foregoing in any form or arrangement used by a person toidentify his business, vocation, or occupation and distinguish it from thebusiness, vocation or occupation of others;

 

(v) "This act" means W.S. 40-2-101 through 40-2-109.

 

40-2-102. Registrability.

 

 

(a) A trade name shall not be registered if it:

 

(i) Is the same as, or deceptively similar to, a trademark orservice mark registered in this state, or is not distinguishable from the namesof other business entities as required by W.S. 17-16-401;

 

(ii) Contains any word or phrase which indicates that it isengaged in the business of banking or insurance, except as provided insubsections (b) through (d) of this section.

 

(b) National banking associations previously approved by thecomptroller of the currency, whose principal place of business is locatedwithin the state of Wyoming and who are actively engaged in the business ofbanking on the effective date of this act may be registered with the Wyomingsecretary of state and entitled to all of the protection of other registeredtrade names.

 

(c) Any person desiring to register a bank trade name for anyproposed national banking association shall comply with the provisions of thisact. The secretary of state shall conditionally approve the proposed trade nameif not the same as or deceptively similar to any trade name registered underthis act, a trademark or service mark registered in this state or the name of acorporation incorporated or authorized to do business in this state, or whichis exclusively reserved under W.S. 17-16-402. Conditional approval shall expirein twelve (12) months unless extended for good cause for an additional periodof six (6) months. Conditional approval shall not become final and the nameregistered until the applicant has received approval to engage in the businessof banking by the comptroller of the currency, and actually engages in thebusiness of banking in this state.

 

(d) Any person desiring to conditionally register a bank tradename for any proposed Wyoming state chartered bank shall comply with theprovisions of this act. The secretary of state shall conditionally approve theproposed trade name if it is not the same as or deceptively similar to anytrademark or service mark registered in this state, and is distinguishable uponthe records of the secretary of state from other business names as required byW.S. 17-16-401. Conditional approval shall expire in twelve (12) months butmay be extended for good cause for an additional six (6) months. Theconditional approval shall terminate upon approval of the proposed charter bythe Wyoming state banking commissioner and the Wyoming state banking board andthe filing of the bank's articles of incorporation with the secretary of statesince at that time the name of the state chartered bank will be protected byW.S. 17-16-401(b).

 

40-2-103. Reservation.

 

 

(a) Any person intending to adopt a trade name for use andintending to apply for registration of a trade name may reserve the trade namein the following manner. Reservation shall be made by filing an applicationwith the secretary of state to reserve a specified trade name, executed by theapplicant. If the secretary of state finds that the name is available for use,and upon payment of thirty dollars ($30.00), he shall reserve the name for theexclusive use of the applicant for a period of one hundred twenty (120) days.The reservation is not renewable.

 

(b) The right to the exclusive use of a specified trade name soreserved may be transferred to any other person by filing a notice of thetransfer in the office of the secretary of state, executed by the applicant forwhom the name was reserved and specifying the name and address of thetransferee.

 

40-2-104. Application for registration.

 

(a) Subject to the limitations set forth in this act and uponpayment of one hundred dollars ($100.00), any person who adopts a trade namefor use in this state may file an application for registration of the tradename in duplicate in the office of the secretary of state on forms furnished bythe secretary of state setting forth, but not limited to, the followinginformation:

 

(i) The name and business address of the applicant forregistration, and if a corporation, the state of incorporation;

 

(ii) The trade name sought to be registered;

 

(iii) The general nature of the business in fact conducted by theapplicant;

 

(iv) The signature of the applicant acknowledged before anotarial officer.

 

(b) Upon compliance by the applicant with the requirements ofthis act, the secretary of state shall return a duplicate copy of theapplication for registration to the applicant stamped with the date of filing.

 

40-2-105. Duration and renewal.

 

 

(a) Registration of a trade name under this act is effectivefor ten (10) years. Within six (6) months prior to the expiration of a term,registration may be renewed for additional ten (10) year periods. A renewal feeof fifty dollars ($50.00) shall accompany an application for renewal ofregistration. The application for renewal shall include a statement that the tradename is still in use in this state. Notification of expiration and the formsfor application for renewal shall be furnished to the registrant by thesecretary of state.

 

(b) The secretary of state shall notify registrants of tradenames of the necessity of renewal within the year next preceding the expirationof the ten (10) years from the date of registration or renewal by writing tothe last known address of the registrants.

 

40-2-106. Assignment.

 

Any trade name registered under this act isassignable with the goodwill of the business in which the trade name is used.Assignment shall be by an instrument in writing duly executed and shall berecorded with the secretary of state upon payment of twenty-five dollars($25.00). Upon recording the assignment, the secretary of state shall issue acertificate in the name of the assignee for the remainder of the term of theregistration.

 

40-2-107. Cancellation.

 

 

(a) The secretary of state shall cancel from the registrationrecord:

 

(i) Any registration upon request for cancellation from theregistrant or the assignee of record and upon payment of a fee of ten dollars($10.00) to the secretary of state to be credited to the general fund;

 

(ii) Any registration granted under this act and not renewed inaccordance with its provisions;

 

(iii) Any registration if a court of competent jurisdictionfinds:

 

(A) That the registered trade name has been abandoned;

 

(B) That the registrant is not the owner of the trade name;

 

(C) That the registration was granted improperly; or

 

(D) That the registration was obtained fraudulently.

 

40-2-108. Fraudulent registration.

 

Any person who procures the registration ofany trade name in the office of the secretary of state under the provisions ofthis act, by knowingly making any false or fraudulent representation ordeclaration, verbally or in writing, or by any other fraudulent means, isliable for the payment of all damages sustained in consequence of the filing orregistration and the costs of the action together with reasonable attorneys'fees as determined by the court, to be recovered in any court of competentjurisdiction by any party injured.

 

40-2-109. Common-law rights.

 

This act shall not adversely affect rightsin trade names, or the enforcement of rights in trade names, acquired at anytime in good faith at common law.

 

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter2

CHAPTER 2 - TRADE NAMES REGISTRATION

 

40-2-101. Definitions.

 

 

(a) As used in this act unless the context otherwise requires:

 

(i) "Applicant" means a person filing an applicationfor registration or reservation of a trade name under this act, his legalrepresentatives, successors or assigns;

 

(ii) "Person" means an individual, corporation,government or governmental subdivision or agency, business trust, estate,trust, partnership, unincorporated association, two (2) or more of theforegoing having a joint or common interest, or any other legal or commercialentity;

 

(iii) "Registrant" means a person to whom registrationof a trade name under this act is issued, his legal representatives, successorsor assigns;

 

(iv) "Trade name" means a word, name, or anycombination of the foregoing in any form or arrangement used by a person toidentify his business, vocation, or occupation and distinguish it from thebusiness, vocation or occupation of others;

 

(v) "This act" means W.S. 40-2-101 through 40-2-109.

 

40-2-102. Registrability.

 

 

(a) A trade name shall not be registered if it:

 

(i) Is the same as, or deceptively similar to, a trademark orservice mark registered in this state, or is not distinguishable from the namesof other business entities as required by W.S. 17-16-401;

 

(ii) Contains any word or phrase which indicates that it isengaged in the business of banking or insurance, except as provided insubsections (b) through (d) of this section.

 

(b) National banking associations previously approved by thecomptroller of the currency, whose principal place of business is locatedwithin the state of Wyoming and who are actively engaged in the business ofbanking on the effective date of this act may be registered with the Wyomingsecretary of state and entitled to all of the protection of other registeredtrade names.

 

(c) Any person desiring to register a bank trade name for anyproposed national banking association shall comply with the provisions of thisact. The secretary of state shall conditionally approve the proposed trade nameif not the same as or deceptively similar to any trade name registered underthis act, a trademark or service mark registered in this state or the name of acorporation incorporated or authorized to do business in this state, or whichis exclusively reserved under W.S. 17-16-402. Conditional approval shall expirein twelve (12) months unless extended for good cause for an additional periodof six (6) months. Conditional approval shall not become final and the nameregistered until the applicant has received approval to engage in the businessof banking by the comptroller of the currency, and actually engages in thebusiness of banking in this state.

 

(d) Any person desiring to conditionally register a bank tradename for any proposed Wyoming state chartered bank shall comply with theprovisions of this act. The secretary of state shall conditionally approve theproposed trade name if it is not the same as or deceptively similar to anytrademark or service mark registered in this state, and is distinguishable uponthe records of the secretary of state from other business names as required byW.S. 17-16-401. Conditional approval shall expire in twelve (12) months butmay be extended for good cause for an additional six (6) months. Theconditional approval shall terminate upon approval of the proposed charter bythe Wyoming state banking commissioner and the Wyoming state banking board andthe filing of the bank's articles of incorporation with the secretary of statesince at that time the name of the state chartered bank will be protected byW.S. 17-16-401(b).

 

40-2-103. Reservation.

 

 

(a) Any person intending to adopt a trade name for use andintending to apply for registration of a trade name may reserve the trade namein the following manner. Reservation shall be made by filing an applicationwith the secretary of state to reserve a specified trade name, executed by theapplicant. If the secretary of state finds that the name is available for use,and upon payment of thirty dollars ($30.00), he shall reserve the name for theexclusive use of the applicant for a period of one hundred twenty (120) days.The reservation is not renewable.

 

(b) The right to the exclusive use of a specified trade name soreserved may be transferred to any other person by filing a notice of thetransfer in the office of the secretary of state, executed by the applicant forwhom the name was reserved and specifying the name and address of thetransferee.

 

40-2-104. Application for registration.

 

(a) Subject to the limitations set forth in this act and uponpayment of one hundred dollars ($100.00), any person who adopts a trade namefor use in this state may file an application for registration of the tradename in duplicate in the office of the secretary of state on forms furnished bythe secretary of state setting forth, but not limited to, the followinginformation:

 

(i) The name and business address of the applicant forregistration, and if a corporation, the state of incorporation;

 

(ii) The trade name sought to be registered;

 

(iii) The general nature of the business in fact conducted by theapplicant;

 

(iv) The signature of the applicant acknowledged before anotarial officer.

 

(b) Upon compliance by the applicant with the requirements ofthis act, the secretary of state shall return a duplicate copy of theapplication for registration to the applicant stamped with the date of filing.

 

40-2-105. Duration and renewal.

 

 

(a) Registration of a trade name under this act is effectivefor ten (10) years. Within six (6) months prior to the expiration of a term,registration may be renewed for additional ten (10) year periods. A renewal feeof fifty dollars ($50.00) shall accompany an application for renewal ofregistration. The application for renewal shall include a statement that the tradename is still in use in this state. Notification of expiration and the formsfor application for renewal shall be furnished to the registrant by thesecretary of state.

 

(b) The secretary of state shall notify registrants of tradenames of the necessity of renewal within the year next preceding the expirationof the ten (10) years from the date of registration or renewal by writing tothe last known address of the registrants.

 

40-2-106. Assignment.

 

Any trade name registered under this act isassignable with the goodwill of the business in which the trade name is used.Assignment shall be by an instrument in writing duly executed and shall berecorded with the secretary of state upon payment of twenty-five dollars($25.00). Upon recording the assignment, the secretary of state shall issue acertificate in the name of the assignee for the remainder of the term of theregistration.

 

40-2-107. Cancellation.

 

 

(a) The secretary of state shall cancel from the registrationrecord:

 

(i) Any registration upon request for cancellation from theregistrant or the assignee of record and upon payment of a fee of ten dollars($10.00) to the secretary of state to be credited to the general fund;

 

(ii) Any registration granted under this act and not renewed inaccordance with its provisions;

 

(iii) Any registration if a court of competent jurisdictionfinds:

 

(A) That the registered trade name has been abandoned;

 

(B) That the registrant is not the owner of the trade name;

 

(C) That the registration was granted improperly; or

 

(D) That the registration was obtained fraudulently.

 

40-2-108. Fraudulent registration.

 

Any person who procures the registration ofany trade name in the office of the secretary of state under the provisions ofthis act, by knowingly making any false or fraudulent representation ordeclaration, verbally or in writing, or by any other fraudulent means, isliable for the payment of all damages sustained in consequence of the filing orregistration and the costs of the action together with reasonable attorneys'fees as determined by the court, to be recovered in any court of competentjurisdiction by any party injured.

 

40-2-109. Common-law rights.

 

This act shall not adversely affect rightsin trade names, or the enforcement of rights in trade names, acquired at anytime in good faith at common law.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title40 > Chapter2

CHAPTER 2 - TRADE NAMES REGISTRATION

 

40-2-101. Definitions.

 

 

(a) As used in this act unless the context otherwise requires:

 

(i) "Applicant" means a person filing an applicationfor registration or reservation of a trade name under this act, his legalrepresentatives, successors or assigns;

 

(ii) "Person" means an individual, corporation,government or governmental subdivision or agency, business trust, estate,trust, partnership, unincorporated association, two (2) or more of theforegoing having a joint or common interest, or any other legal or commercialentity;

 

(iii) "Registrant" means a person to whom registrationof a trade name under this act is issued, his legal representatives, successorsor assigns;

 

(iv) "Trade name" means a word, name, or anycombination of the foregoing in any form or arrangement used by a person toidentify his business, vocation, or occupation and distinguish it from thebusiness, vocation or occupation of others;

 

(v) "This act" means W.S. 40-2-101 through 40-2-109.

 

40-2-102. Registrability.

 

 

(a) A trade name shall not be registered if it:

 

(i) Is the same as, or deceptively similar to, a trademark orservice mark registered in this state, or is not distinguishable from the namesof other business entities as required by W.S. 17-16-401;

 

(ii) Contains any word or phrase which indicates that it isengaged in the business of banking or insurance, except as provided insubsections (b) through (d) of this section.

 

(b) National banking associations previously approved by thecomptroller of the currency, whose principal place of business is locatedwithin the state of Wyoming and who are actively engaged in the business ofbanking on the effective date of this act may be registered with the Wyomingsecretary of state and entitled to all of the protection of other registeredtrade names.

 

(c) Any person desiring to register a bank trade name for anyproposed national banking association shall comply with the provisions of thisact. The secretary of state shall conditionally approve the proposed trade nameif not the same as or deceptively similar to any trade name registered underthis act, a trademark or service mark registered in this state or the name of acorporation incorporated or authorized to do business in this state, or whichis exclusively reserved under W.S. 17-16-402. Conditional approval shall expirein twelve (12) months unless extended for good cause for an additional periodof six (6) months. Conditional approval shall not become final and the nameregistered until the applicant has received approval to engage in the businessof banking by the comptroller of the currency, and actually engages in thebusiness of banking in this state.

 

(d) Any person desiring to conditionally register a bank tradename for any proposed Wyoming state chartered bank shall comply with theprovisions of this act. The secretary of state shall conditionally approve theproposed trade name if it is not the same as or deceptively similar to anytrademark or service mark registered in this state, and is distinguishable uponthe records of the secretary of state from other business names as required byW.S. 17-16-401. Conditional approval shall expire in twelve (12) months butmay be extended for good cause for an additional six (6) months. Theconditional approval shall terminate upon approval of the proposed charter bythe Wyoming state banking commissioner and the Wyoming state banking board andthe filing of the bank's articles of incorporation with the secretary of statesince at that time the name of the state chartered bank will be protected byW.S. 17-16-401(b).

 

40-2-103. Reservation.

 

 

(a) Any person intending to adopt a trade name for use andintending to apply for registration of a trade name may reserve the trade namein the following manner. Reservation shall be made by filing an applicationwith the secretary of state to reserve a specified trade name, executed by theapplicant. If the secretary of state finds that the name is available for use,and upon payment of thirty dollars ($30.00), he shall reserve the name for theexclusive use of the applicant for a period of one hundred twenty (120) days.The reservation is not renewable.

 

(b) The right to the exclusive use of a specified trade name soreserved may be transferred to any other person by filing a notice of thetransfer in the office of the secretary of state, executed by the applicant forwhom the name was reserved and specifying the name and address of thetransferee.

 

40-2-104. Application for registration.

 

(a) Subject to the limitations set forth in this act and uponpayment of one hundred dollars ($100.00), any person who adopts a trade namefor use in this state may file an application for registration of the tradename in duplicate in the office of the secretary of state on forms furnished bythe secretary of state setting forth, but not limited to, the followinginformation:

 

(i) The name and business address of the applicant forregistration, and if a corporation, the state of incorporation;

 

(ii) The trade name sought to be registered;

 

(iii) The general nature of the business in fact conducted by theapplicant;

 

(iv) The signature of the applicant acknowledged before anotarial officer.

 

(b) Upon compliance by the applicant with the requirements ofthis act, the secretary of state shall return a duplicate copy of theapplication for registration to the applicant stamped with the date of filing.

 

40-2-105. Duration and renewal.

 

 

(a) Registration of a trade name under this act is effectivefor ten (10) years. Within six (6) months prior to the expiration of a term,registration may be renewed for additional ten (10) year periods. A renewal feeof fifty dollars ($50.00) shall accompany an application for renewal ofregistration. The application for renewal shall include a statement that the tradename is still in use in this state. Notification of expiration and the formsfor application for renewal shall be furnished to the registrant by thesecretary of state.

 

(b) The secretary of state shall notify registrants of tradenames of the necessity of renewal within the year next preceding the expirationof the ten (10) years from the date of registration or renewal by writing tothe last known address of the registrants.

 

40-2-106. Assignment.

 

Any trade name registered under this act isassignable with the goodwill of the business in which the trade name is used.Assignment shall be by an instrument in writing duly executed and shall berecorded with the secretary of state upon payment of twenty-five dollars($25.00). Upon recording the assignment, the secretary of state shall issue acertificate in the name of the assignee for the remainder of the term of theregistration.

 

40-2-107. Cancellation.

 

 

(a) The secretary of state shall cancel from the registrationrecord:

 

(i) Any registration upon request for cancellation from theregistrant or the assignee of record and upon payment of a fee of ten dollars($10.00) to the secretary of state to be credited to the general fund;

 

(ii) Any registration granted under this act and not renewed inaccordance with its provisions;

 

(iii) Any registration if a court of competent jurisdictionfinds:

 

(A) That the registered trade name has been abandoned;

 

(B) That the registrant is not the owner of the trade name;

 

(C) That the registration was granted improperly; or

 

(D) That the registration was obtained fraudulently.

 

40-2-108. Fraudulent registration.

 

Any person who procures the registration ofany trade name in the office of the secretary of state under the provisions ofthis act, by knowingly making any false or fraudulent representation ordeclaration, verbally or in writing, or by any other fraudulent means, isliable for the payment of all damages sustained in consequence of the filing orregistration and the costs of the action together with reasonable attorneys'fees as determined by the court, to be recovered in any court of competentjurisdiction by any party injured.

 

40-2-109. Common-law rights.

 

This act shall not adversely affect rightsin trade names, or the enforcement of rights in trade names, acquired at anytime in good faith at common law.

 

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