Effective 08/12/2005; Revised 12/23/2005
Laws 2005, chapter
253, amended the naming statutes for corporations and LLCs to require
that entity names only be "distinguishable" from other entity and trade
names on file with the Arizona Corporation Commission and the Arizona
Secretary of State.
"Distinguishable" is a minimal standard. A name is "distinguishable"
if it is different in any way from other entity and trade names,
however, some differences do not count and are not considered in
determining distinguishability.
Guidelines for Determining Whether a Name is Distinguishable
" " (quotation marks)
. (period)
; (semicolon)
! (exclamation)
‘ (apostrophe)
\ (back slash)
| (pipe)
? (question mark)
( ) (parenthesis)
/ (forward slash)
- (hyphen)
… (ellipsis)
, (comma)
~ (tilda)
[ ] { } <> (brackets)
__ (underscore)
^ (carrot)
: (colon)
` (accent)
--- (dotted line)
* (asterisk)
> < (greater than/less than)
# (pound sign / number)
EXAMPLES: "Mission: Mars" is NOT distinguishable from "Mission Mars"
"Bob's" is NOT distinguishable from "Bobs"
"We Rule" is NOT distinguishable from "We Rule!"
These Items Make a Name Distinguishable
A-Z | % | $ |
+ | = | @ |
EXAMPLE: "Dollar Store" is distinguishable from "$ Store"
Important
The Arizona Corporation Commission's (ACC's) role in determining whether or not an entity's name is distinguishable is ONLY ministerial. Registering or filing a name with the ACC does not grant rights or interests in that name. The ACC does not have the power to determine or settle competing claims to a name under other statutes or under common law. Even though the ACC approved a name as being distinguishable from the names of existing entities or trade names (based on the above criteria), you could still be infringing on the naming rights of other parties. In particular, if the name you select is similar to a name already protected by a federal trademark filed at the U.S. Patent and Trademark Office, you could be forced to stop using the name and possibly to disgorge profits. This can also be the case if another entity is already using a similar name in a related field, even if they do not own a federal registration. To search the database of the U.S. Patent and Trademark Office, go to: http://www.uspto.gov/main/trademarks.htm
Please also note that the Arizona Corporation Commission does not register 'Doing Business As' or d/b/a names.
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