Statutory change to name availability standard. Jurisdiction. Date: April 8, [Statutory change to name availability standard] [April 8, 2015]

Similar documents

TABLE 3c: Congressional Districts with Number and Percent of Hispanics* Living in Hard-to-Count (HTC) Census Tracts**

TABLE 3b: Congressional Districts Ranked by Percent of Hispanics* Living in Hard-to- Count (HTC) Census Tracts**

The American Legion NATIONAL MEMBERSHIP RECORD

Is this consistent with other jurisdictions or do you allow some mechanism to reinstate?

MAP 1: Seriously Delinquent Rate by State for Q3, 2008

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

Unemployment Rate (%) Rank State. Unemployment

5 x 7 Notecards $1.50 with Envelopes - MOQ - 12

Index of religiosity, by state

2015 State Hospice Report 2013 Medicare Information 1/1/15

Voter Registration and Absentee Ballot Deadlines by State 2018 General Election: Tuesday, November 6. Saturday, Oct 27 (postal ballot)

STATE INDUSTRY ASSOCIATIONS $ - LISTED NEXT PAGE. TOTAL $ 88,000 * for each contribution of $500 for Board Meeting sponsorship

Interstate Pay Differential

Estimated Economic Impacts of the Small Business Jobs and Tax Relief Act National Report

Sentinel Event Data. General Information Copyright, The Joint Commission

In the District of Columbia we have also adopted the latest Model business Corporation Act.

Sentinel Event Data. General Information Q Copyright, The Joint Commission

Current Medicare Advantage Enrollment Penetration: State and County-Level Tabulations

PRESS RELEASE Media Contact: Joseph Stefko, Director of Public Finance, ;

2016 INCOME EARNED BY STATE INFORMATION

FORTIETH TRIENNIAL ASSEMBLY

HOME HEALTH AIDE TRAINING REQUIREMENTS, DECEMBER 2016

Table 6 Medicaid Eligibility Systems for Children, Pregnant Women, Parents, and Expansion Adults, January Share of Determinations

Rutgers Revenue Sources

Critical Access Hospitals and HCAHPS

Table 8 Online and Telephone Medicaid Applications for Children, Pregnant Women, Parents, and Expansion Adults, January 2017

Percentage of Enrolled Students by Program Type, 2016

Child & Adult Care Food Program: Participation Trends 2017

Child & Adult Care Food Program: Participation Trends 2016

States Ranked by Annual Nonagricultural Employment Change October 2017, Seasonally Adjusted

Child & Adult Care Food Program: Participation Trends 2014

Weights and Measures Training Registration

*ALWAYS KEEP A COPY OF THE CERTIFICATE OF ATTENDANCE FOR YOUR RECORDS IN CASE OF AUDIT

HIGH SCHOOL ATHLETICS PARTICIPATION SURVEY

Department of Defense INSTRUCTION

CRMRI White Paper #3 August 2017 State Refugee Services Indicators of Integration: How are the states doing?

Rankings of the States 2017 and Estimates of School Statistics 2018

U.S. Army Civilian Personnel Evaluation Agency

Interstate Turbine Advisory Council (CESA-ITAC)

Sharing of Data Between Agencies. Date: August 31, 2011 [ INSERT TOPIC NAME ] [ INSERT YEAR MONTH DD ]

All Approved Insurance Providers All Risk Management Agency Field Offices All Other Interested Parties

FY 2014 Per Capita Federal Spending on Major Grant Programs Curtis Smith, Nick Jacobs, and Trinity Tomsic

Senior American Access to Care Grant

EXHIBIT A. List of Public Entities Participating in FEDES Project

Economic Freedom of North America

Fiscal Year 1999 Comparisons. State by State Rankings of Revenues and Spending. Includes Fiscal Year 2000 Rankings for State Taxes Only

2014 ACEP URGENT CARE POLL RESULTS

NAFCC Accreditation Annual Update

NMLS Mortgage Industry Report 2016 Q1 Update

F O R E S T R I V E R M A R I N E

NMLS Mortgage Industry Report 2017Q2 Update

NMLS Mortgage Industry Report 2017Q4 Update

NMLS Mortgage Industry Report 2018Q1 Update

Date: 5/25/2012. To: Chuck Wyatt, DCR, Virginia. From: Christos Siderelis

HOPE NOW State Loss Mitigation Data December 2016

HOPE NOW State Loss Mitigation Data September 2014

YOUTH MENTAL HEALTH IS WORSENING AND ACCESS TO CARE IS LIMITED THERE IS A SHORTAGE OF PROVIDERS HEALTHCARE REFORM IS HELPING

Weekly Market Demand Index (MDI)

Name: Date: Albany: Jefferson City: Annapolis: Juneau: Atlanta: Lansing: Augusta: Lincoln: Austin: Little Rock: Baton Rouge: Madison: Bismarck:

STATE AGRICULTURAL ORGANIZATIONS SUPPORTING S. 744 AS APPROVED BY THE SENATE AGRICULTURE COMMITTEE

November 24, First Street NE, Suite 510 Washington, DC 20002

THE METHODIST CHURCH (U.S.)

CONNECTICUT: ECONOMIC FUTURE WITH EDUCATIONAL REFORM

Introduction. Current Law Distribution of Funds. MEMORANDUM May 8, Subject:

UNCLASSIFIED UNCLASSIFIED

Colorado River Basin. Source: U.S. Department of the Interior, Bureau of Reclamation

NURSING HOME STATISTICAL YEARBOOK, 2015

Percent of Population Under Age 65 Uninsured, 2013, 2014, and 2015

Selection & Retention Of State Judges. Methods from Across the Country

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee August 2015

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee March 2018

State Authority for Hazardous Materials Transportation

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee January 2014

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee April 2015

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee March 2015

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee May 2016

Cooperative Program Allocation Budget Receipts Southern Baptist Convention Executive Committee December 2015

National Collegiate Soils Contest Rules

national assembly of state arts agencies

Alabama Okay No Any recruiting or advertising without authorization is considered out of compliance. Not authorized

Supplemental Nutrition Assistance Program. STATE ACTIVITY REPORT Fiscal Year 2016

OPT OPTIONAL PRACTICAL TRAINING

Larry DeBoer Purdue University September Real GDP Growth. Real Consumption Spending Growth

TENNESSEE TEXAS UTAH VERMONT VIRGINIA WASHINGTON WEST VIRGINIA WISCONSIN WYOMING ALABAMA ALASKA ARIZONA ARKANSAS

The Regional Economic Outlook

Pipeline Safety Regulations and the Effects on Operator Qualification Programs. March 28, 2017

River Use Update Oct by Steve Sullivan

RECERTIFICATION REQUIREMENTS

HIGH SCHOOL ATHLETICS PARTICIPATION SURVEY


FOOD STAMP PROGRAM STATE ACTIVITY REPORT

Transcription:

Topic: Question by: : Statutory change to name availability standard Michael Powell Texas Date: April 8, 2015 Manitoba Corporations Canada Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii Colorado went to the distinguishable upon the record for entity names around July 1, 2000. We had a few customers concerned in the beginning but I m not aware of getting questioned about it much anymore. We don t track litigation so I m not aware if that has increased or not. In DC we have changed that standard in 2012 and it has significantly simplified our filings. We have not had any issues other than occasional complaints from customers. Florida has had the distinguishable standard for many years. We do not keep an official count of the complaints but we do have numerous calls about why we let a name go through. Our rejection rate is significantly lower but not sure is worth the additional phone calls. Page 1 of 5

Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada The best thing about having distinguishable on the record is the ability to fully automate name availability. It makes it virtually impossible to let a name through that doesn t meet the criteria. Maine is like Ohio & Utah Minnesota went to the distinguishable on the record standard some time ago (over 22 years ago). I can t say that there was a noticeable increase in complaints or litigation, but we wouldn t necessarily have seen the litigation. And it has been in place so long now that the community is trained to this standard at this point. New Hampshire New Jersey New Mexico New York Page 2 of 5

North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Ohio is similar to Utah. Distinguishable upon the record has been our standard for so long I am unable to compare the number of complaints, but we do get complaints about a business name being very similar, but I can direct them to the law as an explanation. Pennsylvania also went to the distinguishable on the record standard a while ago (in 2000). It opens up a lot of names and in theory is easier to administer. Filers are now used to it, but it took some education. We still get the occasional complaints that a name is "the same as or confusingly similar to" even though it fits the distinguishable standard. We simply need to explain the new standard. Rhode Island South Carolina South Dakota Tennessee Texas Utah I also cannot say whether there was a noticeable increase in complaints or litigation, because we wouldn t necessarily have seen the litigation. Tennessee has had the distinguishable standard for some time. It is much easier to comply with and helps us stay ministerial. We do get a decent number of calls each year from people complaining about a competitor using a similar name. I explain the distinguishability rules and tell them it would require a court order to force the other entity's name changed. Sometimes that's not enough and they contact a legislator to get involved and I have to explain everything again. Overall it's a pain to deal with those calls, but it's better than the alternative in my opinion. Utah has been "distinguishable upon the record" for so long now that everyone is used to it. We do get the occasional complaints that a name is "the same" when in fact it fits the distinguishable standard. It is quickly resolved when we explain the standard. Page 3 of 5

Vermont Virginia Washington Washington State has used distinguishable from the record for some time. We occasionally get a comment about similar names, or similar name requests, but not that often. Here is an example: http://app.leg.wa.gov/rcw/default.aspx?cite=25.15.010 West Virginia Wisconsin Wyoming (e) Must be distinguishable upon the records of the secretary of state from the names described in RCW 23B.04.010(1)(d) and 25.10.061(4), and the names of any limited liability company reserved, registered, or formed under the laws of this state or qualified to do business as a foreign limited liability company in this state. Additional comments: Full text of email: similar requiring consent to distinguishable upon the record. For any states that have changed their name standard to distinguishable upon the record, did you see a change in the amount of complaints from the public that a name was too similar to an existing name or an increase in the amount of trademark/name infringement litigation brought in your state? Thanks in advance for your response. Michael Powell, Deputy Director Page 4 of 5

Business & Public Filings Division Phone: (512) 463-9856 Fax: (512) 475-2781 www.sos.state.tx.us Page 5 of 5