§ 17.204. General restrictions on name availability.
(a) Although the registration of a fictitious name under this subchapter does not automatically prevent another party from using the same or a confusingly similar name for association use, the law does not permit the Department to register a fictitious name which conflicts with an existing association name. Specifically, in 54 Pa.C.S. § 311(e) (relating to registration), it is provided that a fictitious name may not be the same as or confusingly similar to:
(1) The name of a domestic corporation, or a foreign corporation authorized to do business in this Commonwealth, or the name of a corporation or other association registered under 54 Pa.C.S. Chapter 5 (relating to corporate and other association names). See § 17.1(c) (relating to general standards) unless the name is available or is made available for use under the provisions or procedures of § 17.2 or § 17.3 (relating to appropriation of the name of a senior corporation; and use of a confusingly similar name).
(2) The name of a limited partnership organized under RULPA.
(3) The name of an administrative department, board or commission or other agency of this Commonwealth.
(4) A name the exclusive right to which is at the time reserved by another person in the manner provided by statute.
(b) In 54 Pa.C.S. § § 311(f) and 312(c) (relating to registration; and amendment) it is provided that a fictitious name, whether set forth in an original application or changed by amendment:
(1) Is subject to § § 17.6, 17.8 and 17.9(b) or (d) (relating to banking names; educational names; and professional names).
(2) May not contain the word ‘‘cooperative’’ or an abbreviation thereof unless it is subject to Part II Subpart D of the code (relating to cooperative corporations).
(3) May not contain a word or phrase not permitted by law to be filed under 54 Pa.C.S. Chapter 3 (relating to Fictitious Names Act) without governmental consent unless there is submitted to the Department written evidence of the consent.
Source The provisions of this § 17.204 adopted April 17, 1992, effective April 18, 1992, 22 Pa.B. 1993.
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