| | | (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. |
|
| | | 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. |
|
| | | I.__A limited partnership may terminate an assumed name by | | executing and delivering a statement setting forth: |
|
| | | (1)__The name of the limited partnership; |
|
| | | (2)__That the limited partnership no longer intends to | | transact business under the assumed name; and |
|
| | | (3)__The assumed name the limited partnership intends | | to terminate. |
|
| | | §1309.__Reserved name; registered name of foreign limited |
|
| | | 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. |
|
| | | A.__The application to reserve a name must set forth: |
|
| | | (1)__The name and address of the applicant; and |
|
| | | (2)__The name proposed to be reserved. |
|
| | | 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. |
|
| | | 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. |
|
|