§415-8 Corporate name. The corporate name:

(1) Shall contain the word "corporation", "incorporated", or "limited", or shall contain an abbreviation of one of the words; and

(2) Shall not be the same as, or substantially identical to, the name of any domestic corporation, domestic partnership, domestic limited liability company, or domestic limited liability partnership existing under the laws of this State, or any foreign corporation, foreign partnership, foreign limited liability company, or foreign limited liability partnership authorized to transact business in this State, or any trade name, trademark, or service mark registered in this State, or a name the exclusive right to which is, at the time, reserved in the manner provided in this chapter, or the name of a corporation which has in effect a registration of its corporate name as provided in this chapter, except that this provision shall not apply if the applicant files with the director either of the following:

(A) The written consent of the other corporation or holder of a reserved or registered name to use the same or substantially identical name, and one or more words are added to make the name distinguishable from the other name; or

(B) A certified copy of a final decree of a court of competent jurisdiction establishing the prior right of the applicant to the use of the name in this State. [L 1983, c 167, pt of §1; am L 1985, c 270, §4; am L 1987, c 135, §6; am L 1996, c 92, §5; am L 1999, c 249, §3]