333.055 TERM OF CERTIFICATE.
Subdivision 1. Application and renewal.
Filing of a certificate hereunder shall be effective
for a term of ten years from the date of filing and upon application filed within the six-month
period prior to the expiration of such term or a renewal thereof, on a form prescribed by the
secretary of state, the certificate may be renewed for additional ten-year terms. A renewal fee as
specified herein, payable to the secretary of state, shall accompany the application for renewal.
The secretary of state shall notify each business holding a certificate hereunder of the
necessity of renewal thereof by writing to the last known address of the business at least six
months prior to the certificate's expiration date.
Subd. 2. Existing certificates.
Any assumed name certificate of record in the district courts
and in force on July 1, 1978 shall continue in force without the necessity of another filing
until July 31, 1979, at which time all such certificates shall expire unless
renewed as hereinafter provided. Any certificate may be renewed by filing an application with the
secretary of state on a form prescribed by the secretary and paying the renewal fee prescribed by
subdivision 3 within the six month period prior to the expiration of the certificate.
Subd. 3. Fees.
The secretary of state shall charge and collect:
(a) For the filing of each certificate or amended certificate of an assumed name - $25
(b) Certificate renewal fee - $25.
Subd. 4. Secretary of state duties.
The secretary of state shall accept for filing all certificates
and renewals thereof which comply with the provisions of sections
are accompanied by the prescribed fees, notwithstanding the fact that the assumed name disclosed
therein may not be distinguishable from one or more other assumed names already filed with the
secretary of state. The secretary of state shall not accept for filing a certificate that discloses an
assumed name that is not distinguishable from a corporate, limited liability company, limited
liability partnership, cooperative, or limited partnership name in use or reserved in this state by
another or a trade or service mark registered with the secretary of state, unless there is filed with
the certificate a written consent, court decree of prior right, or affidavit of nonuser of the kind
required by section
302A.115, subdivision 1
, clause (d). The secretary of state shall determine
whether a name is distinguishable from another name for purposes of this subdivision.
History: 1978 c 698 s 6; 1980 c 396 s 1; 1980 c 509 s 129; 1981 c 270 s 137; 1983 c 301 s
190; 1984 c 618 s 42; 1987 c 404 s 173; 1988 c 682 s 44,45; 1989 c 292 s 17; 1989 c 335 art 1 s
210; 1995 c 128 art 3 s 23; 2002 c 311 art 4 s 4