19 Pa. Code § 17.204 - General restrictions on name availability

(a) Although the registration of a fictitious name under this subchapter does not automatically prevent another party from using the same or a confusingly similar name for association use, the law does not permit the Department to register a fictitious name which conflicts with an existing association name. Specifically, in 54 Pa.C.S. § 311(e) (relating to registration), it is provided that a fictitious name may not be the same as or confusingly similar to:

(1) The name of a domestic corporation, or a foreign corporation authorized to do business in this Commonwealth, or the name of a corporation or other association registered under 54 Pa.C.S. Chapter 5 (relating to corporate and other association names). See § 17.1(c) (relating to general standards) unless the name is available or is made available for use under the provisions or procedures of § 17.2 or § 17.3 (relating to appropriation of the name of a senior corporation; and use of a confusingly similar name).

(2) The name of a limited partnership organized under RULPA.

(3) The name of an administrative department, board or commission or other agency of this Commonwealth.

(4) A name the exclusive right to which is at the time reserved by another person in the manner provided by statute.

(b) In 54 Pa.C.S. §§ 311(f) and 312(c) (relating to registration; and amendment) it is provided that a fictitious name, whether set forth in an original application or changed by amendment:

(1) Is subject to §§ 17.6, 17.8 and 17.9(b) or (d) (relating to banking names; educational names; and professional names).

(2) May not contain the word "cooperative" or an abbreviation thereof unless it is subject to Part II Subpart D of the code (relating to cooperative corporations).

(3) May not contain a word or phrase not permitted by law to be filed under 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act) without governmental consent unless there is submitted to the Department written evidence of the consent.

Notes

19 Pa. Code § 17.204

The provisions of this § 17.204 adopted April 17, 1992, effective 4/18/1992, 22 Pa.B. 1993.