FICTITIOUS NAME REGISTRATIONS

What is a fictitious name?

A fictitious name means any name under which a person transacts business in this state, other than his legal name. Business means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in any thing or article of value, or renders services for compensation.

Legal name means a person's given name, or an entity that has been properly registered. Examples: trademarks, service marks, corporations, limited partnerships.

 

What is the intent of the Fictitious Name Registration Act?

The intent of the Fictitious Name Act is for public notice as to ownership. If the name(s) (first and last) of the owner(s) is/are included in the business name, the intent of the Act is satisfied and no registration would be required.

The first name or last name in the title does not satisfy the intent of the Act as ownership is not clear.

 

Copyright 2007, 2008 Steven A. Culbreath, Esq. All Rights Reserved.


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