2017 ORS 648.081¹
False or fraudulent registration prohibited
  • cancellation of conflicting registration
  • effect on other remedies

(1) No person shall procure or maintain the registration of an assumed business name with the Office of the Secretary of State by knowingly making any false or fraudulent representation or declaration, orally or in writing, or by any other fraudulent means. No person shall register or use an assumed business name with an intent to create a likelihood of confusion with another person.

(2) A person that is not a corporation, limited liability company, business trust or limited partnership violates subsection (1) of this section if the person registers an assumed business name that contains the words “corporation,” “incorporated,” “limited liability company,” “limited partnership” or “business trust” or an abbreviation of any of those terms.

(3) A foreign or domestic profit or nonprofit corporation may register as an assumed business name its corporate name minus the word, abbreviation or phrase that ORS 60.094 (Corporate name) or 60.717 (Corporate name of foreign corporation) requires.

(4) A foreign or domestic limited liability company may register as an assumed business name its limited liability company name minus the word, abbreviation or phrase that ORS 63.094 (Limited liability company name) or 63.717 (Name of foreign limited liability company) requires.

(5) A foreign or domestic limited partnership may register as an assumed business name its limited partnership name minus the word, abbreviation or phrase that ORS 70.010 (Name of limited partnership) or 70.365 (Name requirements) requires.

(6) A foreign or domestic business trust may register as an assumed business name its business trust name minus the word, abbreviation or phrase that ORS 60.094 (Corporate name) or 60.717 (Corporate name of foreign corporation) requires.

(7) The Secretary of State shall cancel the registration of a conflicting assumed business name if a person other than the registrant submits to the Office of the Secretary of State a certified copy of a final judgment of a court that finds that the person has a right superior to that of the registrant to use the name in this state. Nothing in this subsection shall preclude the Secretary of State from seeking a civil penalty under ORS 648.990 (Penalties) after cancellation if the former registrant continues to carry on, to conduct or to transact business under the assumed business name.

(8) Nothing in this section shall limit any person’s right to seek a remedy under ORS 646.638 (Civil action by private party) or to seek an injunction under ORS 647.107 (Grounds for injunctive relief). [1985 c.728 §97; 1987 c.94 §106; 1995 c.454 §10; 2003 c.576 §529]

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.