1. (1) the business controls the ownership interest in the seller;
2. (2) the business accepts responsibility for each representation that the seller makes about the business opportunity; or
3. (3) it is clear from the circumstances that the owner of the commercial symbol is not involved in the sale of the business opportunity.

In connection with an offer to sell or sale of a business opportunity, a person may not use the trademark, service mark, trade name, logotype, advertising, or other commercial symbol of a business unless:

Added by Acts 1992, c. 4, § 2. Amended by Acts 1996, c. 517, § 1, eff. Oct. 1, 1996.

Formerly Art. 56, § 412.