Sec. 21006 - Matters Not Considered When Comparing Business Entity Names

ยง 21006. Matters Not Considered When Comparing Business Entity Names

Without limiting the discretion of the Secretary of State to determine that a proposed name is not distinguishable in the record, the following matters shall not be considered when comparing proposed names and existing names:

(a) Subject to the requirements found in California Corporations Code section 2106, the purpose of a business entity.

(b) Whether or not an existing business entity is actively engaged in business, or has a telephone listing, or a location or place of business.

(c) Where the proposed entity intends to do business in relation to an existing business entity.

(d) Whether or not an existing business entity is about to change its name, dissolve, surrender, convert or merge out of existence.

(e) Whether or not a letter of consent can be obtained from an existing business entity.

(f) Whether or not the applicant is more or less important, extensive, widely known, or influential than an existing business entity.

(g) Whether or not the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered the position of the applicant in the expectation, hope or belief that the proposed name is available.

(h) Whether or not any person or business entity possess any rights, under the common law or statutory law of unfair competition, unfair trade practices, trademarks, trade names, service marks, service names, copyrights or any other similar laws.

(i) Whether or not the name has been approved for use by another agency.

(1. New section filed 5-14-2009; operative 5-14-2009 pursuant to Government Code section 11343.4 (Register 2009, No. 20). 2. Amendment of Note filed 11-19-2013; operative 1-1-2014 (Register 2013, No. 47). 3. Renumbering of former 21006 to section 21005 and renumbering of former section 21008 to section 21006, including amendment of first paragraph filed 1-21-2021; operative 1-21-2021 pursuant to Government Code section 11343.4(b)(3) (Register 2021, No. 4).)

Note: Authority cited: Sections 8, 110, 201, 2106, 2601, 5008, 5122, 7122, 9122, 12214, 12302, 13409, 15901.08, 15909.05, 17701.08 and 17708.02, Corporations Code. Reference: Sections 8, 110, 201, 2101, 2106, 2601, 5008, 5122, 6910, 7122, 8910, 9122, 12214, 12302, 13409, 15901.08, 15901.09, 15909.05, 17701.08, 17701.09 and 17708.02, Corporations Code.

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