Oklahoma § 18-1141 - Prohibition on use of same or indistinguishable names;

§ 18-1141. Prohibition on use of same or indistinguishable names;

Exceptions.

PROHIBITION ON USE OF SAME OR INDISTINGUISHABLE NAMES; EXCEPTIONS

The Secretary of State shall not accept for reservation or

filing a statement or certificate containing a name which is the

same as or indistinguishable from the name of any business entity,

as defined in Section 15 of this act, trade name, fictitious name,

or reserved name filed with the Secretary of State unless one of the

following is filed with the Secretary of State:

1. The written consent of the business entity or holder of the

trade name, fictitious name, or reserved name to use the same or

indistinguishable name with the addition of one or more words to

make that name distinguishable upon the records of the Secretary of

State, except that the addition of words to make the name

distinguishable shall not be required where the written consent

states that the consenting entity is about to change its name, cease

to do business, withdraw from the state, or be wound up;

2. A certified copy of a final decree of a court of competent

jurisdiction establishing the prior right of the business entity or

holder of a reserved name, trade name, or fictitious name to the use

of the name in this state;

3. In the case of any foreign business entity having a name

prohibited by this section which intends to qualify to transact

business within this state, a resolution adopting a fictitious name

not prohibited by this section, which shall be used to the exclusion

of its true name when transacting business within this state. Such

resolution shall be executed by a representative or representatives

of the business entity duly authorized to sign on its behalf.

Added by Laws 1986, c. 292, § 141, eff. Nov. 1, 1986. Amended by

Laws 1987, c. 146, § 13, operative Nov. 1, 1987; Laws 1995, c. 339,

§ 16, eff. Nov. 1, 1995; Laws 1996, c. 69, § 12, eff. Nov. 1, 1996.