Utah § 42-2-104 - Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected. (Effective 10/1/2026)

Full text of Utah Utah Code § 42-2-104 — Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected. (Effective 10/1/2026), with citation guidance and answers to common questions.

§ 42-2-104. Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected. (Effective 10/1/2026)

Effective 10/1/2026
42-2-104.  Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected.
(1)This chapter does not affect or apply to a corporation organized under the laws of any state if the corporation does business under the corporation's true name.
(2)
(a)This chapter does not affect the statutory or common law trademark, service mark, or trade name rights granted by state or federal statute.
(b)An act listed in Subsection (2)(c) of itself does not authorize the use in this state of a D.B.A. in violation of the rights of another as established under:
(i)this chapter;
(ii)Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act;
(iii)the state law relating to names of corporations, partnerships, and other legal business entities;
(iv)the federal Trademark Act of 1946, 15 U.S.C. Section 1051 et seq.; or
(v)the common law, including rights in a trade name.
(c)Subsection (2)(b) applies to:
(i)a filing under this chapter;
(ii)an approval by the division in accordance with this chapter; or
(iii)the use of a D.B.A. name.
(3)This chapter does not affect or apply to any limited liability company doing business in this state under the limited liability company's true name.


Renumbered and Amended by Chapter 93, 2026 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 42-2-104

What does Utah Code § 42-2-104 cover?

Section 42-2-104 ("Corporate names, limited liability company names, and trademark, service mark, and trade name rights not affected. (Effective 10/1/2026)") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 42-2-104?

A common citation format is "Utah Code § 42-2-104" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 42-2-104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Utah.