Utah Code 42-2-9. Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected
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(1) This chapter does not affect or apply to any corporation organized under the laws of any state if it does business under its true corporate name.
Terms Used In Utah Code 42-2-9
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- 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.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
(2)
(2)(a) This chapter does not affect the statutory or common law trademark, service mark, or trade name rights granted by state or federal statute.
(2)(b) An act listed in Subsection (2)(c) of itself does not authorize the use in this state of an assumed name in violation of the rights of another as established under:
(2)(b)(i) this chapter;
(2)(b)(ii) Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act ;
(2)(b)(iii) the state law relating to names of corporations, partnerships, and other legal business entities;
(2)(b)(iv) the federal Trademark Act of 1946, 15 U.S.C. § 1051 et seq.; or
(2)(b)(v) the common law, including rights in a trade name.
(2)(c) Subsection (2)(b) applies to:
(2)(c)(i) a filing under this chapter;
(2)(c)(ii) an approval by the Division of Corporations and Commercial Code pursuant to this chapter; or
(2)(c)(iii) the use of an assumed name.
(3) This chapter does not affect or apply to any limited liability company doing business in this state under its true name.