North Dakota Trade Name Registration

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Statutory Authority NDCC, Chapter 47-25

A trade name is 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 business name; (e.g., not the exact corporate or limited liability company 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 registration of the trade name

• Affords exclusive right to that name in the State of North Dakota. No other business may file a name with the Secretary of State that is the same as, or deceptively similar, to any registered name.
• Establishes a public record from which the name of the owner of the business can be identified.

If the ownership of a business name changes during the five-year registration period, the ownership of the trade name is assignable to the new owner. The Trade Name Assignment does not extend the registration period of a trade name, but rather affords ownership to the new owner for the remainder of the registration period.