Under Business License statutes AS 43.70 there are no restrictions on how many business licenses may have the same name; thus there may be multiple business licenses with the exact same name owned by different people.
Under Corporation statutes AS 10.06 a business may obtain exclusive rights to a business name by filing a Business Name Reservation (protects a name for 120 days) or a Business Name Registration (gives exclusive rights for 5 years).
NOTE: Current Alaska Statutes do not restrict issuing multiple business licenses with the exact same name. The department is required to issue a business license under AS 43.70, even if exclusive rights to a name have been secured under AS 10.06. If you have exclusive rights you want to exercise see below What is the remedy if exclusive rights are infringed upon?
For information about reserving or registering corporate or business names in the State of Alaska click on the links below:
Reserving (protects for 120 days):
A name reservation temporarily protects the name by giving the owner exclusive rights to the use of that name while a business or entity is being organized. You may reserve a business name if you are intending to do business using that name. A business reservation is valid for 120 days.
Note: If the business name reservation has not expired but you are ready to use your reserved name please submit the following items together hardcopy:
Registering (gives exclusive rights for 5 years):
A name registration gives the owner the exclusive right to the use of that name. To register a name a current Business License is required. A registered name is valid for five years including any portion of the filing year, and is renewable between October 1st and December 31st of the year of expiration.
The names of the following entity types are registered automatically upon incorporation or organization by the Division: corporations; limited liability companies; limited liability partnerships; limited partnerships; cooperatives; non-profit corporations; Alaska religious corporations; professional corporations; or BIDCOs.
Exclusive right gives the person who reserved or registered the name the exclusive right to the use of that name.
Pursuant to Alaska Statute AS 10.35.040(b), the person with exclusive rights may seek a court order to prohibit the use by another person of a name that is not distinguishable on record from the reserved or registered name. The person with exclusive rights may seek a court order and damages through the courts.
For more information on exercising your State of Alaska exclusive business name reservation or business name registration rights go to: Alaska Court System
Before you apply for a business name reservation or registration, be sure you read and understand the difference between Reserving and Registering a Business Name
To reserve or register a business name follow the three steps below:
Step 1: Determine if the name is "distinguishable" from another name on record by conducting a thorough search including, but not limited to: the internet; business license records; corporations records; professional license records; telephone directories; trade magazines; trademark records; and catalogs.
Step 2: Avoid name restrictions.
Step 3: Begin the application process by selecting either one of the options below.
Under Business Licensing statutes and regulations there are no restrictions on distinguishable names.
Under Corporation statutes and regulations there are restrictions on distinguishable names for entities. For more information regarding distinguishable names under Corporation statutes and regulations go to What is a “Distinguishable” Business Name?
There are no restrictions in Business Licensing or Corporation statutes or regulations on deceptively similar names. For example: Cups Express vs. Cupz Express.
If you have questions you can reach us at either the Juneau or Anchorage phone numbers listed below
or by emailing us at: email@example.com