44-1460.01. Issuance of certificate; restrictions

A. Upon compliance by the applicant with the requirements of this article the secretary of state shall issue a certificate of registration. The certificate shall show the name and business address of the applicant, the name, title or designation registered, the date of first use claimed, the date of registration and the term of registration.

B. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from any other name previously filed and on record with the secretary of state.

C. The secretary of state shall not file an application for the registration of any trade name, title or designation if it is not distinguishable on the record from an existing corporate name or a corporate name reserved pursuant to title 10, chapters 4, 19 and 24 through 40.

44-1460.02. Effective term of registration; renewal; expiration notice

A. Registration of a name, title or designation under the terms of this article is effective for a term of five years from the date of registration. Upon application filed within six months prior to the expiration of such term, on a form furnished by the secretary of state, the registration may be renewed at the end of each five-year period for a like term.

B. The secretary of state shall notify registrants within the sixty days next preceding the expiration of the five years from the date of registration of the necessity of renewal by writing to the last known address of the registrants.

44-1460.03. Assignment and recording of rights

Any name, title or designation and its registration may be assignable by an instrument in writing duly executed and may be recorded with the secretary of state who upon recording the assignment shall issue in the name of the assignee a new certificate for the remainder of the term of the registration or of the last renewal of the registration.

44-1460.04. Public examination of records

The secretary of state shall keep for public examination a record of all trade names registered or renewed under the provisions of this article.

44-1460.05. Exclusive rights; common law rights

A. The registration of a trade name if prior in time to the filing of articles of incorporation or the reservation of a corporate name shall give to the holder of the registered trade name exclusive right to the use of such name.

B. Nothing in this article shall adversely affect the rights or the enforcement of rights in trade names acquired in good faith at any time at common law.

44-1460.06. Electronic filing; acceptance

A. Any document that is required to be filed pursuant to this article may be filed in an electronic format that is approved by the secretary of state.

B. Any document that is filed in accordance with this section is deemed to comply with:

1. The filing requirements of this article.

2. The requirement that a filing be submitted with a written signature.

3. Any requirement that the filing be filed under the penalty of perjury.

C. The secretary of state may adopt rules requiring that any person that submits a document for filing pursuant to this section also submit a written or printed copy of the document as a prerequisite to the document being deemed filed.

D. Except as provided in this section, all civil and criminal statutes applicable to the filing of paper documents apply to all documents filed pursuant to this section.

44-1460.07. Trade name registration cancellation; release for use

A. The secretary of state shall cancel a trade name registration if:

1. The secretary of state receives a voluntary request for cancellation from the registrant or the assignee of record.

2. The registration is not renewed in accordance with this article.

3. A court of competent jurisdiction orders the cancellation on any grounds.

4. The registration was obtained fraudulently by containing false or misleading information.

B. The secretary of state may release a trade name for use pursuant to this article six months after the trade name's corporate owner has been administratively dissolved.

44-1460. Registration of trade name, title or designation

A. Any person, partnership, corporation, firm, association, society, foundation, federation or organization doing business in this state or any foreign corporation licensed to exercise its corporate powers in this state, may register with the secretary of state, on a form to be furnished by the secretary of state, the name, title or designation under which the applicant is operating, setting forth at least the following information:

1. The name and email and business address of the applicant for such registration. If the applicant is a corporation, the state of its incorporation shall be disclosed.

2. The name, title or designation to be registered.

3. The general nature of the business conducted by the applicant.

4. The length of time during which the name, title or designation has been used by the applicant in the applicant's business operations in this state.

5. A statement that the applicant has conducted a search and found that the trade name, title or designation is distinguishable on the record from both of the following:

(a) Any other name previously filed and on record with the secretary of state.

(b) An existing corporation name or a corporate name reserved pursuant to title 10, chapters 4, 19 and 24 through 40.

B. The applicant or a member or officer of the firm, partnership, corporation, association, society, foundation, federation or other organization shall sign the application.

C. A single name, title or designation may be registered on each application submitted under this article.