Assumed Business Names

ORS 648.010
Registration of assumed business name

  • contents of application
  • designation of representative
  • effect

(1)

Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee prescribed by this chapter. All of the persons who will carry on, conduct or transact a single business under an assumed business name shall file a consolidated application to register the assumed business name.

(2)

The application shall state:

(a)

The assumed business name to be registered. The applicant shall write the assumed business name in the alphabet used to write the English language. The assumed business name may include numerals and incidental punctuation.

(b)

The real and true name and street address of each person who intends to carry on, conduct or transact business under the assumed business name.

(c)

The principal address at which the applicant intends to carry on, conduct or transact business and a listing of each county in which the applicant intends to carry on, conduct or transact business to the extent that ORS 648.007 (Requirement to register assumed business name and service mark) would require the applicant to register the assumed business name for that county.

(d)

The name and the mailing address of the person whom the applicant authorizes to represent the applicant in transactions with the Office of the Secretary of State with respect to the registration. All of the registrants of an assumed business name for a single business shall designate the same person under this subsection.

(e)

The applicant’s primary business activity.

(f)

Any other information that the Secretary of State by rule may require.

(3)

The person named in the application to be authorized to represent the applicant is authorized to receive notices under this chapter and to perform any duty that this chapter requires of the registrant of the assumed business name, but is not by the application or registration made the registrant’s agent for the service of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1; 1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]

Atty. Gen. Opinions

Authority of the Corporation Commissioner to inquire whether an applicant for an assumed name intends to carry on the same business at the same location, (1973) Vol 36, p 509

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

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