2007 ORS 648.005¹
Definitions

As used in this chapter:

(1) "Assumed business name" means one or more words or numerals, or a combination of words and numerals, that a person uses to identify any business that the person carries on, conducts or transacts, if at the time and place that the person carries on, conducts or transacts the business, the person does not conspicuously disclose the real and true name of each person who is carrying on, conducting or transacting the business. Any name that a person uses to identify a business that includes a word or phrase that suggests the existence of additional owners, such as "Company," "& Company," "& Daughters," "& Associates," or a similar word or phrase, is an assumed business name, unless it is the real and true name of the person that carries on, conducts or transacts the business.

(2) "Business" includes activity carried on, conducted or transacted by or on behalf of nonprofit, social, fraternal and charitable entities and unincorporated associations, as well as activity carried on, conducted or transacted for commercial gain.

(3) "Carry on, conduct or transact business" means:

(a) To sell or to lease to another, real estate, goods, intangible property or services;

(b) To purchase or to lease from another, real estate, goods, intangible property or services;

(c) To solicit an investment in or a donation to a business;

(d) Knowingly to permit another person to solicit an investment in or a donation to a business in which one has an interest; or

(e) To apply for an extension of credit.

(4) "Entity" includes a foreign or domestic corporation, foreign or domestic nonprofit corporation, foreign or domestic profit or nonprofit unincorporated association, foreign or domestic business trust, foreign or domestic estate, foreign or domestic limited partnership, foreign or domestic general partnership, foreign or domestic limited liability company, foreign or domestic business trust, two or more persons having a joint or common economic interest, any state, the United States or any foreign government.

(5) "Person" includes individual and entity.

(6) "Real and true name" means:

(a) The surname of an individual coupled with a combination of the individual’s given names and initials;

(b) The corporate name of a domestic corporation stated in the articles of incorporation or amendment filed with the Office of the Secretary of State or the corporate name of a foreign corporation as stated under ORS 60.707 (Application for authority to transact business) (1);

(c) The name of a foreign or domestic limited partnership stated in the documents filed with the Office of the Secretary of State under ORS chapter 70;

(d) The name of a foreign or domestic limited liability company stated in the documents filed with the Office of the Secretary of State under ORS chapter 63;

(e) The name of a foreign or domestic nonprofit corporation stated in the documents filed with the Office of the Secretary of State under ORS chapter 65;

(f) The name of a foreign or domestic general partnership stated in any documents filed with the Office of the Secretary of State under this chapter; or

(g) The name of a foreign or domestic business trust or estate stated in any documents filed with the Office of the Secretary of State.

(7) "Service mark" has the meaning given in ORS 647.005 (Definitions). [1963 c.551 §1; 1967 c.269 §5; 1971 c.194 §1; 1971 c.594 §35; 1985 c.677 §66a; 1985 c.728 §90; 1987 c.94 §105; 1995 c.454 §3]

Notes of Decisions

Foreign corpora­tion name that complies with require­ments of ORS 60.717 (Corporate name of foreign corporation) qualifies as real and true business name whether or not name is filed with Secretary of State. Kelly v. Olinger Travel Homes, Inc., 200 Or App 635, 117 P3d 282 (2005), Sup Ct review denied

Chapter 648

Notes of Decisions

Where plaintiff adduced ample testimony of confusing similarity of assumed business names, and defendants conceded that they did not begin doing business under their earlier-registered assumed name for approximately 12 years after its registra­tion and approximately 9 years after plaintiff registered its similar name, judg­ment enjoining defendants from use of earlier-registered similar name was affirmed. Woodburn Const. v. Gen. Develop­ment, 53 Or App 349, 632 P2d 23 (1981)

Since purpose of this chapter is to protect public and not private rights, defendant was not entitled to injunc­tion preventing plaintiff from using assumed business name. Photo & Sound Co. v. Corvallis, 291 Or 105, 628 P2d 733 (1981)

Law Review Cita­tions

62 OLR 151 (1983)

1 Legislative Counsel Committee, CHAPTER 648—Assumed Business Names, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­648.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 648, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­648ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.