North Dakota > Secretary Of State > Trade Name
Trade Name Registration SFN 13401 - North Dakota
| Trade Name Registration Form. This is a North Dakota form and can be used in Trade Name Secretary Of State . |
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TRADE NAME REGISTRATION / FRANCHISE NAME DISCLOSURE SECRETARY OF STATE SFN 13401 (07-2009) FOR OFFICE USE ONLY ID Number: WO Number: Filed: Expiration Date: By: SEE REVERSE SIDE FOR FEES, FILING AND MAILING INSTRUCTIONS TYPE OR PRINT LEGIBLY For reference, see North Dakota Century Code, Chapter 47-25. 2. Is the name to be registered a franchise name licensed to a franchisee? (A checkbox must be checked) 1. FILING FEE $25.00 Five Year Registration Yes No (If "No", proceed to number 3) If "Yes", indicate whether this filing is a Trade Name Registration with ownership rights to the name or Disclosure Information: Trade Name Registration with ownership rights to the name Disclosure Information If "Yes", provide the name, address, and phone number of the franchiser or other licensor of the franchise name: Franchiser Name Address (Street, PO Box, City, State, Zip+4) (Phone Number) 3. Trade Name to be registered or the Franchise Name licensed to franchisee: 4. Addresses of the places of business where the trade name or franchise name will be used or displayed: Address (Street, PO Box, City, State, Zip+4) (Phone Number) Address (Street, PO Box, City, State, Zip+4) (Phone Number) 5. The nature of the business transacted: (In detail) 6. Trade name is used and owned by or the franchise name is licensed to: (Select one) Individual Husband & Wife Corporation incorporated in state of __________________________________ Other - Define (See instructions) Limited Liability Company organized in state of __________________ 7. Telephone number of owner or franchisee: 8. Toll-free telephone number: 9. The name of the individual(s), corporation, or the limited liability company, using the trade name or franchise name, their Federal ID/Social Security Number, and the address of their principal place of business. NAME FEDERAL ID/ SOCIAL SECURITY NUMBER COMPLETE ADDRESS Street/RR PO Box City State Zip Code + 4 10. "I (We), the owner(s) or franchisee(s), say that I (we) have read the foregoing registration, know the contents thereof, and believe the statements made to be true." Signature: Date: Signature: Date: 11. Name of person to contact about this form: E-Mail Address: Daytime telephone number and extension, if any: American LegalNet, Inc. www.FormsWorkFlow.com SFN 13401 (07-2009) Page 2 INSTRUCTIONS FOR TRADE NAME REGISTRATION / FRANCHISE NAME DISCLOSURE Any person, corporation, or limited liability company that engages in business in North Dakota under a trade name must register that trade name with the Secretary of State. The registration of the trade name is mandated by law and may be required in order to obtain certain licenses or permits, or to obtain certain privileges such as bank accounts in the trade name. A trade name is defined by law to be a name assumed to identify the business or activities of an individual or organization and which does not include in the name: (1) The true name of the organization using the name; (2) The first name and surname of each individual using the business name; or (3) The surname of each individual, repeating a surname if more than one owner has the same surname. (e.g. a business owned by three Johnson brothers would need to be identified as Johnson, Johnson & Johnson ___________) A name assumed under subparagraph 3, or a name of an organization or association not otherwise registered with the Secretary of State, requires registration as a trade name if a license or permit to conduct business or operations is required by the State of North Dakota. The trade name registration provides protection of the name in North Dakota. A trade name filed with the Secretary of State prevents the filing of a trademark or another name that is the same as or deceptively similar by any corporation, limited liability company, any other trade name, fictitious partnership name, limited liability partnership, limited liability limited partnership or limited partnership. In the event that a name is used, which is deemed to be the same as or deceptively similar to a trade name that is registered, the registrant of such trade name may institute a civil suit prohibiting the further use of the name. (See North Dakota Century Code, Section 47-25-01.) If the trade name submitted for registration is the same as, or similar to a name already registered, the owner of the proposed trade name must obtain a "consent to use of name" from the previously registered entity. The original copy of the "consent to use of name" authorization must be filed with the Secretary of State, along with $10, before the submitted trade name registration form can be filed. The registration of the trade name with the Secretary of State provides protection of the trade name in North Dakota. However; if a mark is registered with the Patent and Trademark Office in Washington, D.C., the federal registration may supersede the protection afforded by state law. Franchise Name Disclosure Information: An individual or organization that is a franchisee may not file a Trade Name Registration unless the franchisee has acquired ownership rights to the name. A franchisee must use this form to file disclosure information with the Secretary of State before using the franchise name in the State of North Dakota. The filing of the disclosure information does not extend any trade name protection provided by N.D.C.C., chapter 47-25. The following numbers correspond to the numbered sections on the front of this form. 1. The registration fee is $25.00 and the registration period is five years. Checks must be payable to "Secretary of State" and must be for U.S. negotiable funds. Payment may also be made by credit card using VISA, Master Card, or Discover. 2. Check the appropriate box indicating whether the name to be registered is a franchise name licensed to a franchisee. If the name is a franchise name licensed to a franchisee, provide the complete address and phone number of the franchiser, and indicate whether the franchisee acquired ownership rights to the name and is filing a Trade Name Registration or if this filing is Disclosure Information. 3. Provide the trade name to be registered or the franchise name licensed to the franchisee. The trade name or franchise name may not contain the word "corporation", "company", "incorporated", "limited liability company", or "limited", or an abbreviation of one of such words unless the trade name owner or franchisee is a corporation or limited liability company. The trade name may not inclu
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