| (2)__The assumed name is not distinguishable on the | records of the Secretary of State from a name in which | the plaintiff has prior rights by virtue of the common | law or statutory law of unfair competition, unfair | trade practices, common law copyright or similar law. |
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| H.__The mere filing of a statement under this subsection | does not constitute actual use of the assumed name set out | in that statement for purposes of determining priority of | rights. |
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| I.__A limited partnership may terminate an assumed name by | executing and delivering a statement setting forth: |
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| (1)__The name of the limited partnership; |
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| (2)__That the limited partnership no longer intends to | transact business under the assumed name; and |
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| (3)__The assumed name the limited partnership intends | to terminate. |
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| §1309.__Reserved name; registered name of foreign limited |
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| | 1.__Reserve use of name. A person may reserve the exclusive | use of a limited partnership name, including an assumed or | fictitious name, by executing and delivering for filing an | application to the Secretary of State. |
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| A.__The application to reserve a name must set forth: |
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| (1)__The name and address of the applicant; and |
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| (2)__The name proposed to be reserved. |
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| B.__If the Secretary of State finds that the limited | partnership name applied for is distinguishable on the | records of the Secretary of State pursuant to section 1308, | the Secretary of State shall reserve the name for the | applicant's exclusive use for a nonrenewable period of 120 | days. |
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| C.__The owner of a reserved limited partnership name under | this subsection may transfer the reservation to another | person by executing and delivering for filing to the | Secretary of State a notice of the transfer, signed by the | transferor, that states the name and address of the | transferee. |
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