Sec. 10.35.040. Registration of name.

347 words·~2 min read·/ak/title-10/chapter-35/10-35-040

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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,

(1)“organized entity” means

(A)a corporation under AS 10.06 ;

(B)a foreign corporation authorized under AS 10.06 to transact business in this state;

(C)a BIDCO licensed under AS 10.13 ;

(D)a cooperative organized under AS 10.15 ;

(E)a foreign cooperative under AS 10.15 that is authorized under AS 10.06 to do business in this state;

(F)a nonprofit corporation organized under AS 10.20 ;

(G)a nonprofit foreign corporation authorized under AS 10.20 to transact business in this state;

(H)a cooperative organized under AS 10.25 ;

(I)a religious corporation formed under AS 10.40 ;

(J)a professional corporation organized under AS 10.45 ;

(K)a limited liability company organized under AS 10.50 ;

(L)a foreign limited liability company registered under AS 10.50 ;

(M)a registered limited liability partnership under AS 32.06 ;

(N)a foreign limited liability partnership registered under AS 32.06 ;

(O)a limited partnership formed under AS 32.11 ; or

(P)a foreign limited partnership registered under AS 32.11 ;

(2)“reserved or registered name” means a name reserved or registered under this chapter, AS 10.06 , AS 10.50 , AS 32.06 , or AS 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 AS 44.62 (Administrative Procedure Act) to implement

(a)of this section.