42-2-9 - Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected.
42-2-9. Corporate names, limited liability company names, and trademark, servicemark, and trade name rights not affected.
(1) This chapter does not affect or apply to any corporation organized under the laws ofany state if it does business under its true corporate name.
(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 anassumed name in violation of the rights of another as established under:
(i) this chapter;
(ii) Title 70, Chapter 3a, Registration and Protection of Trademarks and Service MarksAct;
(iii) the state law relating to names of corporations, partnerships, and other legal businessentities;
(iv) the federal Trademark Act of 1946, 15 U.S.C. Section 1051 et seq.; or
(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 thischapter; or
(iii) the use of an assumed name.
(3) This chapter does not affect or apply to any limited liability company doing businessin this state under its true name.
Amended by Chapter 318, 2002 General Session