Oregon Law
Law as of Jan 1, 2024
Chapter contents
648.005Definitions 648.007Requirement to register assumed business name and service mark; exceptions 648.008Optional registration of real and true name 648.010Registration of assumed business name; contents of application; designation of representative; effect 648.012Registration duty of Secretary of State 648.014Forms; rules 648.015[1963 c.551 §7; 1967 c.233 §3; 1969 c.154 §2; 1971 c.318 §13; 1981 c.633 §74; repealed by 1985 c.728 §110] 648.017Renewal of registration; fee; contents of application; rules; effect of failure to renew; notice 648.018Reactivation of assumed business name; application; notification of denial; appeal 648.020[Repealed by 1963 c.551 §21] 648.025Amendment of registration; application; statement of withdrawal, incapacity or death; designation of representative 648.029Alteration of registration to reflect corporate structure change 648.030[Repealed by 1963 c.551 §21] 648.035[1963 c.551 §5; 1967 c.233 §1; repealed by 1969 c.154 §10] 648.040[Repealed by 1963 c.551 §21] 648.045[1963 c.551 §4; repealed by 1981 c.633 §83] 648.050[Amended by 1955 c.661 §1; 1963 c.551 §8; 1969 c.154 §4; repealed by 1985 c.728 §110] 648.051When registration refused; affidavit of applicant; registration effective until canceled 648.055Cancellation of registration upon dissolution or when corporate authority withdrawn or revoked 648.057Cancellation of registration upon termination of business; signature of registrant; delivery 648.060[Amended by 1963 c.551 §9; repealed by 1967 c.152 §1 (648.061 enacted in lieu of 648.060)] 648.061Consent of nonresident persons to service of process 648.070Service of process on nonresident 648.080[Amended by 1963 c.551 §11; repealed by 1985 c.728 §110] 648.081False or fraudulent registration prohibited; cancellation of conflicting registration; effect on other remedies 648.090[Amended by 1963 c.551 §12; repealed by 1985 c.728 §110] 648.100[Amended by 1961 c.355 §2; repealed by 1963 c.551 §21] 648.105[1963 c.551 §13; repealed by 1983 c.717 §42] 648.110[Repealed by 1963 c.551 §21] 648.115Filing, service, copying and certification fees 648.125Rules 648.130[1971 c.194 §4; repealed by 1985 c.728 §110] 648.135Effect of violation of ORS 648.007; damages and attorney fees; effect on other laws 648.990Penalties 648.992Penalty for signing false document

Chapter 648 — Assumed Business Names

ORS 648.081 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 or 60.717 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 or 63.717 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 or 70.365 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 or 60.717 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 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 or to seek an injunction under ORS 647.107.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.