2017 ORS 648.012¹
Registration duty of Secretary of State

(1) If an application delivered to the Office of the Secretary of State for filing satisfies the requirements of ORS 648.010 (Registration of assumed business name), the Secretary of State shall register it.

(2) The Secretary of State registers an application by indicating thereon that it has been filed by the Secretary of State and the date of registration.

(3) If the Secretary of State refuses to register an assumed business name, the Secretary of State shall return the application to the applicant within 10 business days after the application was delivered together with a brief written explanation of the reason for the refusal.

(4) The duty of the Secretary of State to register assumed business names under this section is ministerial. The Secretary of State is not required to verify or inquire into the legality or truth of any matter included in any application delivered to the Office of the Secretary of State. The Secretary of State’s registering or refusing to register an assumed business name does not:

(a) Affect the validity or invalidity of the application in whole or part; or

(b) Relate to the correctness or incorrectness of information contained in the application.

(5) The Secretary of State’s refusal to register an assumed business name does not create a presumption that the application is invalid or that information contained in the application is incorrect. [1995 c.454 §13]

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/­ors648.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 648, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano648.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.