2000 Minnesota Statutes

     5.22 Contest of registration of name. 

    Subdivision 1.    Notice of contest; deposit.  A person 
 doing business in this state may contest the subsequent 
 registration of a name with the office of the secretary of state 
 by filing an acknowledged notice of contest with the secretary 
 of state and sending a copy of the notice of contest to the 
 person who subsequently registered the contested name.  However, 
 the secretary will not accept a contest between persons 
 registered under sections 333.001 to 333.06.  The notice to the 
 secretary of state must be accompanied by a $100 deposit, which 
 the secretary of state shall award to the prevailing party in 
 the contest. 

    Subd. 2.    Procedure.  (a) Upon receipt of a notice of 
 contest, the secretary of state shall ask each party to the 
 contest to submit within 30 days an affidavit setting forth the 
 facts, opinions, and arguments for or against the retention of 
 the contested name on the records of the secretary of state.  
 The secretary of state shall review the affidavits and shall 
 make a decision or order a hearing to be held within 30 days. 

    (b) If a hearing is ordered, the parties shall meet with 
 the secretary of state before the hearing and attempt to settle 
 the contest. 

    (c) If a settlement is not reached, the secretary of state 
 shall hold a hearing.  At the hearing, the secretary of state 
 may consider evidence presented by the parties relating to the 
 factual or legal issues raised by the contest.  A record of the 
 hearing is not required.  The hearing is not a contested case 
 hearing under chapter 14. 

    Subd. 3.    Standard of review.  The secretary of state 
 may order that the contested name be changed on the records of 
 the secretary of state if it is likely that the use of the names 
 will cause confusion, mistake, or deception among the public 
 when applied to the goods or services provided by the 
 businesses.  In determining whether confusion, mistake, or 
 deception is likely, the secretary of state shall consider: 

    (1) the strength or unique nature of the names; 

    (2) the similarity of sound, appearance, or meaning of the 
 names; 

    (3) the intent of the parties; 

    (4) the type of businesses engaged in or to be engaged in 
 by the parties; 

    (5) the geographic market areas served by each party and 
 the manner of distribution and marketing used in those areas; 

    (6) the nature and quality of goods or services provided by 
 the parties; 

    (7) the level of sophistication of potential purchasers of 
 goods or services offered by the parties; 

    (8) whether the party contesting the subsequent 
 registration of a name failed to make a timely objection or 
 acquiesced to the use of the name so that it would be 
 inequitable to prohibit its registration; and 

    (9) whether the names in question are in fair use, have 
 been abandoned, or are parodies of other names. 

    Subd. 4.    Decision; enforcement.  The secretary of 
 state shall make a decision for one of the parties within ten 
 days of the hearing and may order that the contested name be 
 changed on the records of the office of the secretary of state 
 and the relevant documents be amended by the secretary of state 
 in a manner that results in a new name that is not the same as 
 or deceptively similar to another name registered with the 
 office of the secretary of state. 

    Subd. 5.    Appeal.  A party may appeal the decision of 
 the secretary of state to the district court within 20 days.  
 The district court shall consider the factual and legal issues 
 without reference to the decision of the secretary of state. 

    Subd. 6.    Liability.  The office of the secretary of 
 state is not liable for damages incurred as a result of the 
 registration of a name found to be the same or deceptively 
 similar to another name already registered with the office of 
 the secretary of state.  The office of the secretary of state is 
 not liable for damages that arise from the decision of the 
 secretary of state in a contest under this section. 

    HIST: 1989 c 292 s 1; 1995 c 128 art 3 s 1