LD 1539
pg. 20
Page 19 of 101 An Act To Amend the Laws Relating to Corporations, Limited Partnerships, Limite... Page 21 of 101
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LR 1942
Item 1

 
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.

 
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:

 
6. Determining distinguishability. In determining whether
names are "distinguishable on the records," the Secretary of
State shall disregard the following:

 
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";

 
B. The presence or absence of the words or symbols of the
words "and," and "the" and "a"; and

 
C. The differences in the use of punctuation,
capitalization or special characters; and.

 
D. The differences in the uses of singular and plural forms
of words.

 
Sec. B-47. 13-C MRSA §401, sub-§7 is enacted to read:

 
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.

 
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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