(a) A person conducting a business may register its name if the name is distinguishable on the records of the department from the name of any other organized entity and from a reserved or registered name. In this subsection,

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Terms Used In Alaska Statutes 10.35.040

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) “organized entity” means

(A) a corporation under Alaska Stat. Chapter 10.06;
(B) a foreign corporation authorized under Alaska Stat. Chapter 10.06 to transact business in this state;
(C) a BIDCO licensed under Alaska Stat. Chapter 10.13;
(D) a cooperative organized under Alaska Stat. Chapter 10.15;
(E) a foreign cooperative under Alaska Stat. Chapter 10.15 that is authorized under Alaska Stat. Chapter 10.06 to do business in this state;
(F) a nonprofit corporation organized under Alaska Stat. Chapter 10.20;
(G) a nonprofit foreign corporation authorized under Alaska Stat. Chapter 10.20 to transact business in this state;
(H) a cooperative organized under Alaska Stat. Chapter 10.25;
(I) a religious corporation formed under Alaska Stat. Chapter 10.40;
(J) a professional corporation organized under Alaska Stat. Chapter 10.45;
(K) a limited liability company organized under Alaska Stat. Chapter 10.50;
(L) a foreign limited liability company registered under Alaska Stat. Chapter 10.50;
(M) a registered limited liability partnership under Alaska Stat. Chapter 32.06;
(N) a foreign limited liability partnership registered under Alaska Stat. Chapter 32.06;
(O) a limited partnership formed under Alaska Stat. Chapter 32.11; or
(P) a foreign limited partnership registered under Alaska Stat. Chapter 32.11;
(2) “reserved or registered name” means a name reserved or registered under this chapter, Alaska Stat. Chapter 10.06, Alaska Stat. Chapter 10.50, Alaska Stat. Chapter 32.06, or Alaska Stat. Chapter 32.11.
(b) Registration of a name gives the person who has registered the name the exclusive right to the use of the name. A person who has registered a name under this chapter

(1) may enjoin the use by another person of a name that is not distinguishable on the records of the department from the registered name;
(2) has a cause of action for damages against another person who uses a name that is not distinguishable on the records of the department from the registered name.
(c) The department may adopt regulations under Alaska Stat. Chapter 44.62 (Administrative Procedure Act) to implement (a) of this section.
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