Effective: April 12, 2021
Latest Legislation: Senate Bill 276 - 133rd General Assembly
(A) The secretary of state shall not file an application for the registration of any trade name if the application indicates or implies that the trade name is connected with a government agency of this state, another state, or the United States and the trade name is not so connected or if the application indicates or implies that the applicant is incorporated and the application is not incorporated. Additionally, the secretary of state shall not file an application for the registration of any trade name if it is not distinguishable upon the records in the office of the secretary of state from any other trade name previously registered under sections 1329.01 to 1329.03 of the Revised Code, any corporate name, whether nonprofit or for profit and whether that of a domestic corporation or of a foreign corporation authorized to do business in this state, the name of any limited liability company registered in the office of the secretary of state pursuant to Chapter 1705. or 1706. of the Revised Code, whether domestic or foreign, the name of any limited liability partnership registered in the office of the secretary of state pursuant to Chapter 1775. or 1776. of the Revised Code, whether domestic or foreign, the name of any limited partnership registered in the office of the secretary of state pursuant to Chapter 1782. of the Revised Code, whether domestic or foreign, or any trademark, or service mark previously filed and recorded in the office of the secretary of state and not abandoned, unless the written consent of the corporation, limited liability company, limited liability partnership, or limited partnership, or the person to whom is registered the exclusive right to use the trade name is filed in accordance with division (C) of section 1701.05 of the Revised Code with the application or the written consent of the former registrant of the trademark or service mark is filed with the application. The application for the registration of a trade name and the consent form shall be on a form prescribed by the secretary of state.
(B) The secretary of state shall determine for purposes of this section whether a name is distinguishable from another name in a manner consistent with the provisions of division (B) of section 1701.05 of the Revised Code.
Last updated September 9, 2021 at 11:42 AM
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1329 | Labels and Marks
Section 1329.02 | Restrictions Against Filing.
Section 1329.03 | Acceptance of Document for Filing - Copy.
Section 1329.04 | Effective Term of Registration or Report - Renewal Notice.
Section 1329.06 | Name to Be Assignable.
Section 1329.07 | Change of Business Address.
Section 1329.08 | Cancellation of Registration by Secretary of State.
Section 1329.09 | Records to Be Kept for Public Examination.
Section 1329.10 | Injunction - Actions by and Against User of Trade Name or Fictitious Name.
Section 1329.26 | Manufacture or Sale of Goods Marked Sterling or Sterling Silver.
Section 1329.27 | Manufacture or Sale of Goods Improperly Marked Coin or Coin Silver.
Section 1329.29 | Misrepresentation in Sale of Kosher Foods.
Section 1329.30 | Labeling of Binding Twine.
Section 1329.31 | Prisoner-Made Goods to Be Branded, Labeled, or Marked.
Section 1329.32 | Requirements for Brand, Label or Mark.
Section 1329.33 | Prohibited Acts.
Section 1329.41 | Filing Trade Names, Marks and Devices Definitions.
Section 1329.421 | Filing Change of Address With Secretary of State.
Section 1329.43 | Acceptance of Document for Filing - Certified Copy as Evidence.
Section 1329.45 | Certificate of Filing and Benefits to Be Assignable.
Section 1329.46 | Record of Names, Marks or Devices Filed Kept for Public Examination.
Section 1329.47 | Cancellation of Registration.
Section 1329.48 | Requiring, Taking, Paying or Accepting of Deposit Not Deemed a Sale.
Section 1329.49 | Filling or Re-Filling of Receptacle - Removal of Identity.
Section 1329.50 | Possession by Junk or Secondhand Dealer as Presumptive Evidence of Violation.
Section 1329.501 | Laundering Articles Labeled With Trade Name or Mark of Owner.
Section 1329.52 | Enforcement of Rights and Remedies Under Any Other Statute Not Affected.
Section 1329.53 | No Pending Suit, Proceeding or Appeal to Abate or Be Affected.
Section 1329.54 | Registration of Trademarks, Service Marks Definitions.
Section 1329.55 | Limitations on Trademark or Service Mark Registration.
Section 1329.56 | Application for Registration.
Section 1329.57 | Certificate of Registration.
Section 1329.58 | Term Registration Effective - Renewal Application.
Section 1329.60 | Assignment of Trademark or Service Mark and Registration.
Section 1329.601 | Filing Change of Address With Secretary of State.
Section 1329.61 | Public Record of Registrations and Renewals.
Section 1329.62 | Cancellation of Registration.
Section 1329.63 | Classification of Goods or Services.
Section 1329.64 | Fraudulent Filing or Registration - Damages.
Section 1329.65 | Civil Action for Unauthorized Use or Reproduction.
Section 1329.66 | Rights and Remedies.
Section 1329.67 | Rights at Common Law.
Section 1329.71 | Suit by Financial Institution to Enjoin Use of Name or Logo - Remedies.