Ohio § 1702.05

§ 1702.05.

(A) Except as provided in this section and in sections 1702.41 and 1702.411 of the Revised Code , the secretary of state shall not accept for filing in the secretary of state's office

any articles if the corporate name set forth in the articles is not distinguishable

upon the secretary of state's records from any of the following: (1) The name of any other corporation, whether a nonprofit corporation or a business

corporation and whether that of a domestic or of a foreign corporation authorized

to do business in this state; (2) 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; (3) 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; (4) 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; (5) Any trade name, the exclusive right to which is at the time in question registered

in the office of the secretary of state pursuant to Chapter 1329. of the Revised Code. (B) The secretary of state shall determine for purposes of this section whether a name

is “distinguishable” from another name upon the secretary of state's records.  Without excluding other names that may not constitute distinguishable names in this

state, a name is not considered distinguishable from another name for purposes of

this section solely because it differs from the other name in only one or more of

the following manners: (1) The use of the word “corporation,” “company,” “incorporated,” “limited,” or any abbreviation

of any of those words; (2) The use of any article, conjunction, contraction, abbreviation, or punctuation; (3) The use of a different tense or number of the same word. (C) A corporation may apply to the secretary of state for authorization to use a name

that is not distinguishable upon the secretary of state's records from the name of

any other corporation, any limited liability company, limited liability partnership,

or limited partnership, or from a registered trade name, if there also is filed in

the office of the secretary of state, on a form prescribed by the secretary of state,

the consent of the other entity, or, in the case of a registered trade name, the person

in whose name is registered the exclusive right to use the name, which consent is

evidenced in a writing signed by any authorized officer or authorized representative

of the other entity or person. (D) In case of judicial sale or judicial transfer, by sale or transfer of good will or

otherwise, of the right to use the name of a nonprofit corporation or business corporation,

whether that of a domestic corporation or of a foreign corporation authorized to exercise

its corporate privileges in this state or to do business in this state, the secretary

of state, at the instance of the purchaser or transferee of such right, shall accept

for filing articles of a corporation with a name the same as or similar to the name

of such other corporation, if there also is filed in the office of the secretary of

state a certified copy of the decree or order of court confirming or otherwise evidencing

the purchase or transfer. (E) Any person who wishes to reserve a name for a proposed new corporation, or any corporation

intending to change its name, may submit to the secretary of state a written application,

on a form prescribed by the secretary of state, for the exclusive right to use a specified

name as the name of a corporation.  If the secretary of state finds that, under this section, the specified name is

available for such use, the secretary of state shall file such application, and, from

the date of such filing, such applicant shall have the exclusive right for one hundred

eighty days to use the specified name as the name of a corporation, counting the date

of such filing as the first of the one hundred eighty days.  The right so obtained may be transferred by the applicant or other holder of the

right by the filing in the office of the secretary of state of a written transfer,

on a form prescribed by the secretary of state, stating the name and address of the

transferee.