D.B.A. name

(1) A D.B.A. name: (a) may not contain: (i) a word or phrase that indicates or implies that the business is organized for a purpose other than a purpose contained in the business's application; (ii) for a D.B.A. name that is changed or approved on or after May 4, 2022, the number sequence "911"; (iii) without the consent of the Department of Financial Institutions, the words described in Section 7-1-701; (iv) the term or abbreviation: (A) "limited liability company"; (B) "LLC"; or (C) "L.L.C."; or (v) a term or abbreviation that is of similar import to a term or abbreviation described in Subsection (1)(a)(iv); (b) shall be distinguishable from a registered name or trademark of record in the offices of the division, in accordance with Section 16-1a-302 except as the division authorizes under Subsection (2); (c) without the written consent of the United States Olympic Committee, may not contain the words: (i) "Olympic"; (ii) "Olympiad"; or (iii) "Citius Altius Fortius"; and (d) authorized for use in this state on or after May 1, 2000, may not contain the terms: (i) unless the person that owns the D.B.A. is a corporation registered in this state: (A) "incorporated"; (B) "inc."; or (C) a variation of "incorporated" or "inc."; or (ii) unless the person that owns the D.B.A. is a limited liability company registered in this state: (A) "limited liability company"; (B) "LLC"; (C) "L.L.C."; or (D) a variation of "limited liability company", "LLC", or "L.L.C." (2) The division shall authorize an applicant's use of the D.B.A. name if: (a) the name is distinguishable from one or more of the names and trademarks on the division's records; or (b) the applicant delivers to the division a certified copy of the final judgment of a court with jurisdiction establishing the applicant's right to use the D.B.A. name in this state. (3) Before the day on which the division records the name of a D.B.A., the applicant shall translate into English or transliterate into letters of the English alphabet the D.B.A. name,if the D.B.A. name is not in English. (4) The division may not approve an application for a D.B.A. name to a person that violates this section. (5) The director shall: (a) interpret and efficiently administer this section; and (b) perform the duties imposed on the division by this section. (6) The division may not approve for filing a D.B.A. name that implies by a word in the name that the business is an agency of the state or a political subdivision of the state, if the business is not an agency of the state or a political subdivision of the state. (7) Section 16-10a-403 applies to this chapter. (8) (a) The requirements of Subsection (1)(d) do not apply to a person that filed a certificate of assumed and of true name with the division on or before May 4, 1998, until December 31, 1998. (b) On or after January 1, 1999, a person that carries on, conducts, or transacts business in this state under a D.B.A. shall comply with the requirements of Subsection (1)(d).