| | 3.__Distinguishable name.__Except as authorized by subsections | 4 and 5, a limited partnership name must be distinguishable on | the records of the Secretary of State from: |
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| A.__The name of a corporation, limited liability company, | limited liability partnership or limited partnership that is | incorporated, organized or authorized to transact business | or carry on activities in this State; |
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| B.__Assumed, fictitious, reserved and registered name | filings for all entities; and |
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| C.__Marks registered under Title 10, chapter 301-A, unless | the registered owner or holder of the mark is the same | person or entity as the limited partnership seeking to use a | name that is not distinguishable on the records of the | Secretary of State and files proof of ownership with the | Secretary of State. |
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| | 4.__Refuse to file name.__The Secretary of State, in the | Secretary of State's discretion, may refuse to file a name that: |
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| A.__Consists of or comprises language that is obscene; |
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| B.__Inappropriately promotes abusive or unlawful activity; |
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| C.__Falsely suggests an association with public | institutions; or |
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| D.__Violates any other provision of the law of this State | with respect to names. |
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| | 5.__Authorization to use name.__A limited partnership may | apply to the Secretary of State for authorization to use a name | that is not distinguishable on the records of the Secretary of | State from one or more of the names described in subsection 3. | The Secretary of State shall authorize use of the name applied | for if: |
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| A.__The entity in possession of the name applied for | consents to the use in writing and submits an undertaking in | a form satisfactory to the Secretary of State to change its | name to a name that is distinguishable on the records of the | Secretary of State from the name of the applicant; or |
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| B.__The applicant delivers to the Secretary of State a | certified copy of the final judgment of a court of competent | jurisdiction establishing the applicant's right to use the | name applied for in this State. |
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