| Whether you are selecting a name
for your corporation, limited liability company, limited partnership, limited
liability partnership, or wishing to register an existing or assumed business
name, it is advisable to conduct a thorough search prior to submitting a
name for consideration in order to avoid legal conflicts and to make certain
you are not infringing upon someone else's business name.
In general, the Division cannot accept a name that is not
distinguishable from other names on file. Please see our new regulations
which are posted at: http://www.commerce.state.ak.us/occ/pub_corp/name.pdf.
The proposed name is not distinguishable
by the presence, or lack of, a business indicator (Inc, Ltd, LP,
LLC, LLP, etc.).
In addition to the above, names may
not contain the words "city," "borough," or "village," or otherwise
imply that the business is a municipality or an instrumentality
of the government. A name may not contain a word or phrase which
implies that the business is organized for a purpose other than
the purpose(s) for which the business is being formed.
People who
have used a business name for a long period of time may have created
a common law right to the use of the name. Therefore, you are
strongly advised to conduct a thorough search BEFORE choosing
a name. Places to look include, but are not limited to, business
license records, telephone directories, trade magazines, trademark
records, catalogs, and so on.
It is important to note that the Division's
role is ministerial, not judicial. Our function is to approve or disapprove
a name based upon the statutory standards and these guidelines. Approval
or disapproval of a name is not a determination of legal rights. A
determination
made by the Division may be appealed to the Superior Court for a trial
de novo. To see if a business name is already being used, it is advisable
to search our database via the Internet or you may contact the division before filing by calling (907) 465-2550.
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