Assumed Business Names

ORS 648.007
Requirement to register assumed business name and service mark

  • exceptions


(1)

No person shall carry on, conduct or transact business under an assumed business name in a county where the business is located, where a physical facility of the business is located or where an employee of the business is stationed, unless the person has registered the assumed business name as provided in this chapter and maintains a current registration.

(2)

A person shall register a service mark as an assumed business name if the person carries on, conducts or transacts business under the service mark and the person does not disclose conspicuously the person’s real and true name at the time and place that the person carries on, conducts or transacts business.

(3)

ORS 648.010 (Registration of assumed business name) and subsection (1) of this section do not apply to:

(a)

A foreign corporation that applied for and was issued a certificate of authority prior to September 20, 1985, and that carries on, conducts or transacts business in this state exclusively under the name that it stated in its application that it elects to use in this state, as shown on the records of the Office of the Secretary of State.

(b)

A partnership which uses the surname of all or some of the partners all of whom are licensed by a common licensure board or commission.

(c)

A mutual and voluntary association composed of 10 or more farmers and landowners formed for the purpose of constructing, owning and operating reservoirs, irrigation ditches and irrigation works. The secretary of each association shall maintain a complete and current record of the association’s members, and shall furnish a copy of the record upon request.

(4)

Nothing in this chapter shall preclude a person from registering more than one assumed business name. [1985 c.728 §92]
Chapter 648

Notes of Decisions

Where plaintiff adduced ample testimony of confusing similarity of assumed business names, and defendants conceded that they did not begin doing business under their earlier-registered assumed name for approximately 12 years after its registration and approximately 9 years after plaintiff registered its similar name, judgment enjoining defendants from use of earlier-registered similar name was affirmed. Woodburn Const. v. Gen. Development, 53 Or App 349, 632 P2d 23 (1981)

Since purpose of this chapter is to protect public and not private rights, defendant was not entitled to injunction preventing plaintiff from using assumed business name. Photo & Sound Co. v. Corvallis, 291 Or 105, 628 P2d 733 (1981)

Law Review Citations

62 OLR 151 (1983)


Source

Last accessed
Jun. 26, 2021