Mass. Gen. Laws » Part I Title XXII Chapter 155
Massachusetts General Laws

Mass. Gen. Laws ch. 155, § 9 (2026)

Name of corporation; exception

✓ current as of July 2026
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Section 9. A corporation organized under general laws may assume any name which, in the judgment of the secretary, indicates that it is a corporation; but it shall not assume the name or trade name of another corporation established under the laws of the commonwealth, or of a corporation, firm, association or person carrying on business in the commonwealth, at the time of incorporation or change of name of the corporation assuming any such name or within three years prior thereto, or assume a name so similar thereto or a name which is under reservation for another or proposed corporation under the laws of the commonwealth as to be likely to be mistaken for it, except with the written consent of the said existing corporation, firm or association or of such person previously filed with the secretary; provided, however, that the name of any corporation formed for the purpose of acting as an insurance agent, insurance broker, or adjuster of fire losses shall be subject to the prior written approval of the commissioner of insurance. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin such corporation from doing business under a name assumed in violation of any provision of this section, although articles of organization or articles of amendment may have been approved and filed and a certificate of incorporation issued.

If within thirty days of the date when the certificate or articles of organization of any corporation are filed in the office of the state secretary any corporation or person in whose name a corporate name is under reservation, or any other corporation established under the laws of the commonwealth, or a corporation, firm, association or person carrying on business in the commonwealth at the time when such certificate or articles are so filed, or within three years prior thereto, shall protest in writing to the secretary that the name under reservation, or the name assumed by the corporation the certificate or articles of organization of which have been so filed is the same as the name or trade name of the party protesting or so similar thereto as to be likely to be mistaken for it, the secretary shall, as soon as reasonably may be, hear the party protesting and the corporation which assumed the name, giving written notice of the hearing to each. If after the hearing the secretary shall be of the opinion that the assuming of the name violates any provision of this section he shall record a statement withdrawing his approval of said certificate or articles in so far as it or they relate to the name assumed by the corporation, such withdrawal to take effect sixty days from the date of recording. After the expiration of said period of sixty days the corporation shall have no right to use the name assumed and may be enjoined from doing business under such name by the supreme judicial or superior court upon application of the attorney general or any person interested or affected.

Notwithstanding the foregoing provisions of this section, a church, religious society or other body organized for religious purposes, when incorporating or when changing its corporate name, may assume a name which does not indicate that it is a corporation.

Notes of Decisions
Cited in 7 cases, 1927–2009 · leading case: Castricone v. Mical, 909 N.E.2d 29 (Mass. App. Ct. 2009).
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Castricone v. Mical, 909 N.E.2d 29 (Mass. App. Ct. 2009). · cites it 3× “David’s action appears *593 to have violated G. L. c. 155, § 9 (prohibiting a corporation’s assumption of a name of an entity carrying on business in the Commonwealth without that entity’s written consent).”
Massachusetts Mut. Life Ins. v. Massachusetts Life Ins., 218 N.E.2d 564 (Mass. 1966). · cites it 6× “” He ruled further that the plaintiff had failed to seek a timely review and that the doctrine of exhaustion of administrative remedy applied, resulting in a lack of jurisdiction in the Superior Court to entertain the plaintiff’s claim for relief under G. L. c. 155, § 9. The…”
Planned Parenthood Fed. of Am. v. Problem Pregnancy, 498 N.E.2d 1044 (Mass. 1986). “110B, § 12, [3] and G.L.c. 155, § 9, [4] and also ruled that the use of the letters PP was an intentional infringement of PPFA's registered service *485 marks under 15 U.”
Massachusetts Mut. Life Ins. v. Massachusetts Life Ins., 249 N.E.2d 586 (Mass. 1969). · cites it 2× “” Relief-is sought under (a) general equitable principles, (b) G. L. c. 155, § 9, *288 and (c) G. L. c. 110, § 7A.”
John L. Whiting-J. J. Adams Co. v. Adams-White Brush Co., 156 N.E. 880 (Mass. 1927). · cites it 2× “*140 The plaintiff contends that the use of the defendant’s name is in violation of G. L. c. 155, § 9; that the name Adams-White Brush Company is so similar to that of the plaintiff as to be mistaken for it; that the similarity of the name and business is such that a reasonably…”
Canadian Club Beverage Co. v. Canadian Club Corp., 168 N.E. 106 (Mass. 1929). “The plaintiff’s name was changed to “Canadian Club Beverage Company” on April 5, 1922.”
Planned Parenthood Fed'n of Am., Inc. v. Problem Pregnancy of Worcester, Inc., 398 Mass. 480 (Mass. 1986). “110B, § 12, 3 and G. L. c. 155, § 9, 4 and also ruled that the use of the letters PP was an intentional infringement of PPFA’s registered service *485 marks under 15 U.”
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