648.010
Registration of assumed business name; contents of application; designation of
representative; effect.
(1) Each person who will carry on, conduct or transact business under an
assumed business name shall sign an application to register the assumed
business name and shall submit the application to the Office of the Secretary
of State, with the fee prescribed by this chapter. All of the persons who will
carry on, conduct or transact a single business under an assumed business name
shall file a consolidated application to register the assumed business name.
(2) The
application shall state:
(a) The assumed
business name to be registered. The applicant shall write the assumed business
name in the alphabet used to write the English language. The assumed business
name may include numerals and incidental punctuation.
(b) The real and
true name and street address of each person who intends to carry on, conduct or
transact business under the assumed business name.
(c) The principal
address at which the applicant intends to carry on, conduct or transact
business and a listing of each county in which the applicant intends to carry
on, conduct or transact business to the extent that ORS 648.007 would require
the applicant to register the assumed business name for that county.
(d) The name and
the mailing address of the person whom the applicant authorizes to represent
the applicant in transactions with the Office of the Secretary of State with
respect to the registration. All of the registrants of an assumed business name
for a single business shall designate the same person under this subsection.
(e) The applicant’s
primary business activity.
(f) Any other
information that the Secretary of State by rule may require.
(3) The person
named in the application to be authorized to represent the applicant is
authorized to receive notices under this chapter and to perform any duty that
this chapter requires of the registrant of the assumed business name, but is
not by the application or registration made the registrant’s agent for the
service of process. [Amended by 1961 c.355 §1; 1963 c.551 §2; 1969 c.154 §1;
1971 c.194 §2; 1985 c.728 §94; 1987 c.843 §21; 1995 c.454 §4; 2007 c.186 §18]
Notes of Decisions
Keller v. Lonsdale Et Ux, 339 P.2d 112 (Or. 1959).
· cites it 8× “” Lonsdales admit that the partners comprising Fleming & Company (Keller’s assignor), filed an assumed name certificate in Multnomah county, their principal place of business, as required by ORS 648.010. ① But they assert that because Fleming & Company had failed to file a like…”
Stone-Fox, Inc. v. Vandehey Dev. Co., 626 P.2d 1365 (Or. 1981).
· cites it 2× “" ORS 648.010(2)(b). [2] Subsection (5) is not so limited because it covers the situation in which title to real property is in the names of all partners and all the partners execute the document conveying title.”
Photo & Sound Co. v. Corvallis, 628 P.2d 733 (Or. 1981).
· cites it 3× “The statute provides: *108 “Whenever the Corporation Commissioner determines that any person is violating subsection (1) of ORS 648.010, the commissioner may bring suit in the name of the state in any circuit court of this state to enjoin the acts or practices.”
Roelle v. Griffin, 651 P.2d 147 (Or. Ct. App. 1982).
“3 Defendants also contend that plaintiffs failed to plead and prove compliance with ORS 648.010 by failing to allege that they were registered under an assumed business name.”
Frostig v. Saga Enter., Inc., 539 P.2d 154 (Or. 1975).
“tate by another and not abandoned, as to be likely, when applied to the goods or services of the applicant, to cause confusion or mistake or to deceive; or “(6) Is the same as, or deceptively similar to, any corporate, limited partnership, reserved or registered name currently…”
Lift Truck Parts & Serv., Inc. v. Bourne, 385 P.2d 735 (Or. 1963).
“” In December 1961, Arthur Bourne and Kathleen Bourne filed a certificate pursuant to ORS 648.010 in which they adopted the assumed business name, “Lift Parts Service of Oregon.”
Pac. Coast Recovery Serv., Inc. v. Johnston, 184 P.3d 1127 (Or. Ct. App. 2008).
“” ORS 648.010(1), in turn, provides: “Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee…”
Denlinger v. Hutchinson, 613 P.2d 76 (Or. Ct. App. 1980).
· cites it 11× “090 1 from maintaining this action unless they alleged and proved they have registered the assumed business name as provided for in ORS 648.010. 2 We conclude that defendant’s motion, *728 and his appeal from the denial thereof, present a nonissue, and affirm.”
Pearce v. Glass, 723 P.2d 1031 (Or. Ct. App. 1986).
· cites it 5× “090 2 precludes plaintiff from bringing the action unless he alleges the registration of the assumed business name as provided by former ORS 648.010 (since amended by Or Laws 1985, ch 728, §94).”
Woodburn Constr. Co. v. Gen. Dev. Co., 632 P.2d 23 (Or. Ct. App. 1981).
“025 provides as relevant: "(1) Within 60 days after any one of the following events occurs with respect to a registered assumed business name, a verified application for amendment or cancellation of the registration shall be filed with the Corporation Commissioner and shall in…”
Photo & Sound Co. v. Corvallis, 616 P.2d 557 (Or. Ct. App. 1980).
· cites it 8× “ORS 648.010 1 prohibits any person or persons from carrying on, conducting or transacting business under any assumed name unless such assumed name has been registered with the Corporation Commissioner.”
— Or. Rev. Stat. § 648.010(1) — 4 cases
Pac. Coast Recovery Serv., Inc. v. Johnston, 184 P.3d 1127 (Or. Ct. App. 2008).
“” ORS 648.010(1), in turn, provides: “Each person who will carry on, conduct or transact business under an assumed business name shall sign an application to register the assumed business name and shall submit the application to the Office of the Secretary of State, with the fee…”
Pearce v. Glass, 723 P.2d 1031 (Or. Ct. App. 1986).
“090 2 precludes plaintiff from bringing the action unless he alleges the registration of the assumed business name as provided by former ORS 648.010 (since amended by Or Laws 1985, ch 728, §94).”
Photo & Sound Co. v. Corvallis, 616 P.2d 557 (Or. Ct. App. 1980).
“ORS 648.010 1 prohibits any person or persons from carrying on, conducting or transacting business under any assumed name unless such assumed name has been registered with the Corporation Commissioner.”
— Or. Rev. Stat. § 648.010(2)(b) — 1 case
Stone-Fox, Inc. v. Vandehey Dev. Co., 626 P.2d 1365 (Or. 1981).
“" ORS 648.010(2)(b). [2] Subsection (5) is not so limited because it covers the situation in which title to real property is in the names of all partners and all the partners execute the document conveying title.”
— Or. Rev. Stat. § 648.010(3)(1983) — 1 case
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