2017 ORS 648.018¹
Reactivation of assumed business name
  • application
  • notification of denial
  • appeal

(1) A registrant, within five years after the date on which the Secretary of State administratively canceled an assumed business name under ORS 648.017 (Renewal of registration), may apply to the Secretary of State to reactivate the assumed business name. The application must comply with the requirements set forth in ORS 648.010 (Registration of assumed business name).

(2) The application must:

(a) State the assumed business name and the date on which the Secretary of State administratively canceled the registration for the assumed business name; and

(b) State that the grounds for the cancellation do not exist or have been eliminated.

(3) The registrant or an authorized representative of the registrant shall sign and deliver the application described in subsection (1) of this section to the office of the Secretary of State for filing.

(4) If the Secretary of State determines that the application described in subsection (1) of this section contains the information required under subsection (2) of this section, that the information is correct, that the application otherwise complies with the requirements of ORS 648.010 (Registration of assumed business name) and that the registrant has paid all fees and charges due since the date of cancellation, the Secretary of State shall reactivate the assumed business name. The reactivation is effective when the Secretary of State files the application.

(5) If the Secretary of State denies a registrant’s application for reactivation under this section, the Secretary of State shall notify the registrant in writing and explain the reason for the denial.

(6) A registrant may appeal the Secretary of State’s decision to deny an application the registrant submitted under this section. The registrant’s appeal is subject to the provisions of ORS chapter 183. [2011 c.147 §31]

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.