Idaho Admin. Code r. 34.04.02.400 - MATTERS NOT CONSIDERED
When determining whether a business entity name is distinguishable on the records of the Secretary of State from another business entity name, the following are among the matters not considered:
01.
Purpose. Whether the purpose of the proposed business entity is the same as or similar to the purpose of an existing business entity.
02.
Location. Whether the business entities will be carrying out activities in the same or nearby locations.
03.
Prior Actions. Whether an analogous situation has previously been acted on by the Secretary of State.
04.
Activity. Whether an existing business entity is actively engaged in business, or has a telephone listing, or a location of a place of business.
05.
Intent. Whether an existing business entity is about to change its name or be dissolved or merged out of existence.
06.
Reliance. Whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise altered his position in the expectation, hope or belief that the proposed name would be available.
07.
Influence. Whether the applicant is more or less important, extensive, widely known, or influential than an existing business entity.
08.
Common Law. Whether infringement or unfair trade practice has occurred or might occur.
Notes
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