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C. Marks registered under Title 10, chapter 301-A unless the | registered owner or holder of the mark is the same person or | entity as the corporation seeking to use a name that is not | distinguishable on the records of the Secretary of State and | files proof of ownership with the Secretary of State. |
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| | Sec. B-46. 13-C MRSA §401, sub-§6, as enacted by PL 2001, c. 640, Pt. | A, §2 and affected by Pt. B, §7, is amended to read: |
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| | 6. Determining distinguishability. In determining whether | names are "distinguishable on the records," the Secretary of | State shall disregard the following: |
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| A. The words or abbreviations of words that describe the | nature of the entity, including "professional association," | "corporation," "company," "incorporated," "chartered," | "limited," "limited partnership," "limited liability | company," "professional limited liability company," "limited | liability partnership," "registered limited liability | partnership," "service corporation" or "professional | corporation"; |
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| B. The presence or absence of the words or symbols of the | words "and," and "the" and "a"; and |
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| C. The differences in the use of punctuation, | capitalization or special characters; and. |
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| D. The differences in the uses of singular and plural forms | of words. |
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| | Sec. B-47. 13-C MRSA §401, sub-§7 is enacted to read: |
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| | 7.__Change of corporate name by foreign corporation.__If a | foreign corporation authorized to transact business in this State | changes its corporate name to one that does not satisfy the | requirements of this section, the foreign corporation may not | transact business in this State under the proposed new name until | it adopts a name satisfying the requirements of this section and | files an amended application for authority under section 1504 | that is accompanied by a statement of use of a fictitious name | under section 404. |
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| | Sec. B-48. 13-C MRSA §403, sub-§2, ¶B, as enacted by PL 2001, c. 640, | Pt. A, §2 and affected by Pt. B, §7, is amended to read: |
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