§415B-7 Corporate name. The corporate name shall not be the same as, or substantially identical to, the name of any domestic corporation, partnership, limited liability company, limited liability partnership, or trade name existing or registered under the laws of this State, or any foreign corporation, partnership, limited liability company, or 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 under the laws of this State, or the name of a corporation which has in effect a registration of its corporate name as provided under the laws of this State, except that this provision shall not apply if the applicant delivers to the director for filing either of the following:
(1) 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
(2) 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 1985, c 270, pt of §1; am L 1987, c 135, §135; am L 1988, c 141, §41; am L 1996, c 92, §10; am L 1999, c 249, §16]