B.__The assumed or fictitious name is not distinguishable on the records of the Secretary of State from a name in which the plaintiff has prior rights by virtue of the common law or statutory law of unfair competition, unfair trade practices, common law copyright or similar law.

The mere filing of a statement pursuant to subsection 4 does not constitute actual use of the assumed or fictitious name set out in that statement for purposes of determining priority of rights.

8.__Terminate use of assumed or fictitious name.__A limited partnership may terminate an assumed or fictitious name by executing and delivering a statement setting forth:

A.__The name of the limited partnership;

B.__That the limited partnership no longer intends to transact business under the assumed or fictitious name; and

C.__The assumed or fictitious name the limited partnership intends to terminate.

Sec. C-7. 31 MRSA §406, as amended by PL 1995, c. 514, §3, is repealed.

Sec. C-8. 31 MRSA §406-A is enacted to read:

§406-A.__Registered name of foreign limited partnership

1.__Register limited partnership name.__A foreign limited partnership may register its limited partnership name if the name is distinguishable on the records of the Secretary of State pursuant to section 403-A.

2.__Application.__To register its limited partnership name, a foreign limited partnership must execute and deliver to the Secretary of State for filing an application that:

A.__Sets forth its limited partnership name, the state or country and date of its organization, the address of its principal office wherever located and a brief description of the nature of the business in which it is engaged; and

B.__Is accompanied by a certificate of existence or a document of similar import duly authenticated by the secretary of state or other official having custody of