2007 ORS § 648.051¹
When registration refused
- • affidavit of applicant
- • registration effective until canceled
(1) Subject to subsection (2) of this section, the Secretary of State shall register the assumed business name contained in the application.
(2) The Secretary of State shall not register the assumed business name if the Secretary of State determines that the assumed business name is not distinguishable on the records of the Office of the Secretary of State from another assumed business name or from the name of a person, including a reserved name or registered name of active record with the Office of the Secretary of State except as provided in subsection (3) of this section.
(3) The Secretary of State shall register an assumed business name if the applicant submits for filing an affidavit that the applicant has a right to use the assumed business name in the county or counties stated in the application for the character of business that the applicant will carry on, conduct or transact under the assumed business name. The affidavit shall state:
(a) That the affiant has been advised of the penalties for false swearing;
(b) The facts upon which the affidavit is based and that the affiant swears to the existence of the facts from the affiant’s own knowledge; and
(c) That the affiant believes that the facts stated are sufficient to establish either:
(A) That prior use of the name by the applicant or by the licensor of the applicant has vested in the applicant a right to use the assumed business name for the character of business stated in the application in the county or counties listed in the application; or
(B) That the character of business that the applicant intends to carry on, conduct or transact under the assumed business name will not so resemble the character of business, if any, that the person who filed, reserved or registered the assumed business name or the name of the person identified under subsection (2) of this section conducts under the name in the county or any of the counties listed in the application as to be likely to cause confusion or mistake or to deceive.
(4) The registration of an assumed business name remains in effect until canceled. [1985 c.728 §96; 1995 c.454 §8]