950 C.M.R. 113.50 – Name of Foreign Corporation

(1) The name of a foreign corporation may not be the same as, or so similar that it is likely to be mistaken for:
1. (a) the corporate name or trade name of a corporation organized, authorized to transact business or otherwise lawfully conducting business in the commonwealth;
2. (b) a corporate name under reservation;
3. (c) the fictitious name adopted by a foreign corporation or other entity authorized to transact business or otherwise lawfully conducting business in the commonwealth because its real or trade name is unavailable;
4. (d) the corporate name or trade name of a not-for-profit corporation organized, authorized to conduct its activities or otherwise lawfully conducting its activities in the commonwealth;
5. (e) the name or trade name of a partnership, business trust or other entity organized, authorized to transact business or otherwise lawfully conducting business in the commonwealth; or
6. (f) after September 1, 2004, a trademark or servicemark registered with the secretary of state under M.G.L. c. 110B or M.G.L. c. 110H.
(2) A foreign corporation may apply to the Division to use a name which does not comply with the requirements of M.G.L. c. 156D, § 15.06(b) if the other entity consents in writing or the applicant delivers to the Division a certified copy of a final judgment of a court of competent jurisdiction establishing the applicant’s right to use the name.
(3) A foreign corporation may use the name, including the fictitious name or mark, of another entity that is used in the commonwealth if the foreign corporation has merged with the other entity, has been formed by the reorganization of the other entity or has acquired all or substantially all of the assets of the other entity, including the name or mark.
(4) If the name of the foreign corporation is not available for use in the commonwealth, it may use a fictitious name to transact business in the commonwealth if it delivers a copy of the resolution of its board of directors, certified by its secretary, adopting the fictitious name and a copy of the doing business certificate filed in the city or town where it maintains its registered office.