1. (1) This chapter does not affect or apply to a corporation organized under the laws of any state if the corporation does business under the corporation's true name.

2. (2)

   1. (a) This chapter does not affect the statutory or common law trademark, service mark, or trade name rights granted by state or federal statute.

   2. (b) An act listed in Subsection (2)(c) of itself does not authorize the use in this state of a D.B.A. in violation of the rights of another as established under:

      1. (i) this chapter;
      2. (ii) Title 70, Chapter 3a, Registration and Protection of Trademarks and Service Marks Act;
      3. (iii) the state law relating to names of corporations, partnerships, and other legal business entities;
      4. (iv) the federal Trademark Act of 1946, 15 U.S.C. Section 1051 et seq.; or
      5. (v) the common law, including rights in a trade name.

   3. (c) Subsection (2)(b) applies to:

      1. (i) a filing under this chapter;
      2. (ii) an approval by the division in accordance with this chapter; or
      3. (iii) the use of a D.B.A. name.
3. (3) This chapter does not affect or apply to any limited liability company doing business in this state under the limited liability company's true name.

Renumbered and Amended by Chapter 93, 2026 General Session