North Dakota Code 47-25-01 – Trade name defined – Registration
1. a. As used in this section, a “trade name” is a name assumed to identify the business or activities of an individual or organization and which does not include in the name:
Terms Used In North Dakota Code 47-25-01
- Individual: means a human being. See North Dakota Code 1-01-49
- Organization: includes a foreign or domestic association, business trust, corporation, enterprise, estate, joint venture, limited liability company, limited liability partnership, limited partnership, partnership, trust, or any legal or commercial entity. See North Dakota Code 1-01-49
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
(1) The true name of the organization using the name; (2) The first name and surname of each individual using the business name; or
(3) The surname of each individual, repeating a surname if more than one owner has the same surname.
b. A name assumed under paragraph 3 or a name of an organization or association not otherwise registered with the secretary of state is a trade name if a license or permit to conduct business or operations is required by this state.
2. A person or organization that has registered a trade name under this section may institute a civil suit prohibiting any other person from using the name.
3. This chapter does not prohibit any person engaged in business under a trade name before July 1, 1959, from continuing business under that name.
4. Notwithstanding any other provision of law, an individual or organization may register as a trade name under section 47-25-04 any name listed in paragraph 1, 2, or 3 of subdivision a of subsection 1.