Matters Not Considered

When determining whether a business entity name is distinguishable on the records of the Secretary of State from another business entity name, the following are among the matters not considered: (3-31-22) 01. Purpose. Whether the purpose of the proposed business entity is the same as or similar to the purpose of an existing business entity. (3-31-22) 02. Location. Whether the business entities will be carrying out activities in the same or nearby locations. (3-31-22) 03. Prior Actions. Whether an analogous situation has previously been acted on by the Secretary of State. (3-31-22) 04. Activity. Whether an existing business entity is actively engaged in business, or has a telephone listing, or a location of a place of business. (3-31-22) 05. Intent. Whether an existing business entity is about to change its name or be dissolved or merged out of existence. (3-31-22) 06. Reliance. Whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope or belief that the proposed name would be available. (3-31-22) 07. Influence. Whether the applicant is more or less important, extensive, widely known, or influential than an existing business entity. (3-31-22) 08. Common Law. Whether infringement or unfair trade practice has occurred or might occur. (3-31-22)