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Colorado
Name Rules
The Colorado
Secretary of State provides the following information regarding corporate
name rules:
Name
Availability Standard - From Secretary of State Site
COMMENTARY
The term "corporate name"
includes a reserved name, registered name, or assumed or trade name of a domestic
or foreign business (profit) or nonprofit corporation and domestic or foreign
limited liability companies. Limited partnership and trademark names must also be considered
in every availability review. Corporate,
limited partnership, limited liability company and trademark names are compared
in order to determine sameness or similarity by typing into the computer letters
of the English alphabet and acceptable numerals, namely Arabic and/or Roman
numerals.
An opinion or statement regarding
availability of a corporate name is a conditional statement by an employee
of the corporation office. Such an
opinion is merely tentative and is not a final determination that the name
will or will not be available or that a legal instrument employing the name
will or will not be accepted for filing. No opinion regarding availability of a name
is final until a properly submitted legal document containing the name has
been accepted and stamped "filed" by the office of the Secretary
of State.
When determining corporate name
availability, only the proposed and existing corporation names are considered.
Matters such as purposes and geographical location of corporate activities
are not considered.
SIGNIFICANT
WORDS
A proposed corporate name is
available when there is one significant word difference in the name from an existing corporate name.
A significant word is the essential
word, or initials which serves to make distinctive the name identification
of the organization, but does not include particles of speech such as "the",
"of", "an", "and", "a" or symbols,
special characters or punctuation marks.
Example: The
Silver Dollar Co. = Silver Dollar Co.
James Jansen = James and Jansen
A.B.X. Corp. = A-B-X Corp. = A.B. & X Corp.
Seafood Place #1 = Seafood Place Number One
Significant words do not include
certain statutory words or abbreviations thereof, such as "Incorporated",
"Corporation", "Company", "Limited" or "Limited
Partnership" and "Limited Liability Company."
Example: Equity
Service Corp. = Equity Service Inc.
John Smith Limited Partnership = John Smith
Company
John M. Smith, Inc. = John M. Smith Professional
Corporation
While the word "Companies"
is not a statutory word, a document must be rejected if the only difference
in a proposed name from an existing name is the word "Companies".
Example: John
Smith Company = John Smith Companies, Inc.
"SAME
AS" NAMES
When a proposed corporate name
is compared to an existing corporate name and the comparison reveals no difference, the proposed name is deemed
to be the same as the existing name and must be rejected.
"DECEPTIVELY
SIMILAR" NAMES
When a proposed and existing
corporate names are compared and even though there is an apparent difference
the names are deceptively similar, the proposed names must be rejected if
the difference is of such character that the names are likely to be confused
by persons attempting to identify a corporation mainly on the basis of written
or oral communication concerning a name.
A proposed corporate name is
deemed to be deceptively similar to an existing corporate name and must be
rejected, if the only difference in the names consists of a phonetic or variation
in spelling of a significant word.
Example: Dunking
Doughnuts = Dunkin Donuts
Easy Tree Service = E-Z Tree Service
A proposed corporate name must
be rejected if the only difference from an existing corporate name consists
of the use of an abbreviation of a significant word.
Example: Wood
Bros. Development = Wood Brothers Development
Metro Leasing = Metropolitan Leasing
Pro Tech = Professional Technology
When taking corporate names
in their entirety, the proposed corporate name must be rejected if the distinctive
portions of both names consist of corresponding words which are derivations
of the same words and which do not alter the names sufficiently to make them
readily distinguishable.
Example: Wonderland
Homes Development = Wonderland Housing Developers
Construction Managers = Construction Management
A proposed corporate name is
rejected if the only difference in names consists of the presence - or absence
- of letters which do not alter the names sufficiently to make them readily
distinguishable.
Example: Exxon
= Exon = Exxonn
High
Country = Hi Country
"SIMILAR"
NAMES
If the proposed corporate name
would be the "same as" or "deceptively similar to" an
existing corporate name except for the geographical designation of "Colorado"
in the name, a letter of consent is required. While no particular form of consent is required,
it is essential that the consent be written and preferable that it be on the letterhead of the corporation
and signed by its president, vice president or a director.
Example: Allied
Steel - would need a letter of consent from Allied Steel of Colorado
Diners Club of Colorado - would need a letter
of consent from Diners Club
EXCEPTIONS
If the geographical designation
is at the beginning of the name, a letter of consent is not required.
Example: Colorado
Sports Center … Sports Center
A letter of consent is not required
for nonprofit corporations or where the proposed name is an obvious franchise.
NOT SIMILAR
NAMES
When a proposed corporate name
is compared to an existing corporate name and the comparison reveals no significant
similarity, the proposed name is acceptable.
Example: Solar
Energy Supply … Pacific Energy Supply
When a corporate name consists
of initials only, the combination of initials must be considered as one word
for the purpose of applying these guidelines.
Example: A.A.A.A.,
A-A-A, AAB, A & B, are not similar
USE OF THE
WORDS "COOPERATIVE", "BANK" AND "TRUST"
No person, association, corporation
or organization except as incorporated under Title 7, Articles 55 to 57, or
Health Care Coverage cooperatives created pursuant to 6-18-201, shall use
the word "Cooperative" or an abbreviation of the word as part of
its business or corporate name or as a trademark.
Use of the words "Bank"
or "Trust" in a proposed corporate name is prohibited unless the
document has first been approved by the Colorado Division Of Banking.
EXAMPLES
OF DECEPTIVELY SIMILAR NAMES
Auto = Automotive
Aero = Arrow
Bill = Bill's
Castle = Kastle
Construction = Constructing
Double A = AA = 2A
Equity = Equities
J = Jay
K = Kay
Lewis = Louis
Mark = Marc
North = Northern
Realty = Real Estate = Realtors
Sea = C
Triple A = AAA = 3A
U.S. = United States = USA
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