§150.445. Matters Not Considered

Only the proposed name and the names of active corporations and active limited liability companies, and domestic corporations that have been administratively dissolved for less than three years, on record are considered in determining name availability.  Among the matters not considered are:

 

a)         the purpose, location or relative size of the business;

 

b)         the intent of the applicant;

 

c)         any consent by a corporation bearing a similar title;

 

d)         the names of unincorporated entities;

 

e)         the common law or statutory law of unfair competition, unfair trade practices, trade marks, trade names, service marks, service names, copyrights or any other right to the exclusive use of names or symbols;

 

f)         the names of corporations or limited liability companies not on record with the Secretary of State;

 

g)         whether or not the public may be likely to be deceived or misled by the resemblance of the proposed name to the name of other corporations or limited liability companies;

 

h)         whether or not an existing corporation or limited liability company may possibly be injured by a resemblance to the proposed name;

 

i)          any criteria of sound, including, but not limited to, phonetics derived from deliberate misspelling or otherwise.

 

(Source:  Amended at 32 Ill. Reg. 12039, effective July 16, 2008)