3.__Refuse to file name. The Secretary of State, in the Secretary of State's discretion, may refuse to file a name that:

A.__Consists of or comprises language that is obscene;

B.__Inappropriately promotes abusive or unlawful activity;

C.__Falsely suggests an association with public institutions; or

D.__Violates any other provision of the law of this State with respect to names.

4.__Authorization to use name. A corporation may apply to the Secretary of State for authorization to use a name that is not distinguishable on the records of the Secretary of State from one or more of the names described in subsection 2.__The Secretary of State shall authorize use of the name applied for if:

A.__The entity in possession of the name consents to the use in writing and submits an undertaking in a form satisfactory to the Secretary of State as provided in sections 104 and 106 or as provided in the applicable law for that entity to change its name to a name that is distinguishable on the records of the Secretary of State from the name of the applicant; or

B.__The applicant delivers to the Secretary of State a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this State.

5.__Use of another corporation's name.__A corporation may use the name, including the assumed or fictitious name, of another domestic or foreign corporation that is used in this State if the other corporation is incorporated or authorized to transact business in this State and the corporation proposing to use the name:

A.__Has merged with the other corporation;

B.__Has been formed by reorganization of the other corporation; or