The exclusive right to the use of a business name may be reserved by a person intending to start a business or a person intending to change the name of the person's business.
Repealed or Renumbered
This chapter does not abrogate any rights between persons who have not registered a business name under those sections.
The holder of a reserved name may transfer the right to the exclusive use of the name to another person by filing with the commissioner a notice of transfer that is signed by the holder and specifies the name and address of the transferee.
The provisions in AS 10.06 (Alaska Corporations Code) relating to the cancellation of certain corporate filings apply to business names.
The fee for the initial registration of a business name shall be established by the department by regulation. The year in which the registration becomes effective is considered a full year of registration and the registration is effective until the close of the fifth calendar year beginning with the year of initial registration.
Registration of a business name is made by filing with the commissioner an application for registration. The application must be executed by an owner of the business and must contain the owner's name and address, the name and addresses of the business, the name and address of each person having an interest in the business, a statement that the owner is doing business, and a brief statement of the nature of the business.
In this chapter,
(1) 'business' means any commercial or industrial enterprise which is not incorporated and which may be owned by a person or persons, partnership, firm, association or organization;
(2) 'commissioner' means the commissioner of commerce, community, and economic development;
(3) 'department' means the Department of Commerce, Community, and Economic Development.
A registered business name may be renewed every five years if an application for renewal is filed. An application for renewal must set out the facts required in an original application for registration and be accompanied by a renewal fee to be established by the department by regulation. An application for renewal may be filed between October 1 and December 31 of any year. The renewal of the registration extends the registration for the following five calendar years.
(a) Reservation of a business name is made by filing an application with the commissioner. Upon finding that the name is available for business use, the commissioner shall reserve it for the exclusive use of the applicant for a period of 120 days. A name is not available for business use if the name is not distinguishable on the records of the department under AS 10.35.040 (a) or gives the impression that the business is incorporated.
(b) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement this section.
(a) A person conducting a business may register its name if the name is distinguishable on the records of the department from the name of any other organized entity and from a reserved or registered name. In this subsection,
(1) 'organized entity' means
(A) a corporation under AS 10.06;
(B) a foreign corporation authorized under AS 10.06 to transact business in this state;
(C) a BIDCO licensed under AS 10.13;
(D) a cooperative organized under AS 10.15;
(E) a foreign cooperative under AS 10.15 that is authorized under AS 10.06 to do business in this state;
(F) a nonprofit corporation organized under AS 10.20;
(G) a nonprofit foreign corporation authorized under AS 10.20 to transact business in this state;
(H) a cooperative organized under AS 10.25;
(I) a religious corporation formed under AS 10.40;
(J) a professional corporation organized under AS 10.45;
(K) a limited liability company organized under AS 10.50;
(L) a foreign limited liability company registered under AS 10.50;
(M) a registered limited liability partnership under AS 32.06;
(N) a foreign limited liability partnership registered under AS 32.06;
(O) a limited partnership formed under AS 32.11; or
(P) a foreign limited partnership registered under AS 32.11;
(2) 'reserved or registered name' means a name reserved or registered under this chapter, AS 10.06, AS 10.50, AS 32.06, or AS 32.11.
(b) Registration of a name gives the person who has registered the name the exclusive right to the use of the name. A person who has registered a name under this chapter
(1) may enjoin the use by another person of a name that is not distinguishable on the records of the department from the registered name;
(2) has a cause of action for damages against another person who uses a name that is not distinguishable on the records of the department from the registered name.
(c) The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to implement (a) of this section.