DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
CONFERENCE COMMITTEE REP ORT DIGEST
HB 394 2015 Regular Session Miller
Keyword and oneliner of the instrument as it left the House
TRADEMARKS/TRADE NAMES: Provides relative to names of business entities, trade names,
trademarks, and service marks
Report adopts Senate amendments to:
1. Remove provisions of proposed law that prohibit the use of certain language in the names
of business entities generally.
2. Authorize a person to renew at any time a previously registered trademark or trade name that
becomes expired pursuant to present law.
3. Require any other person who wants to register an expired trademark or trade name to
provide certain notice to the previous person who registered the trademark or trade name.
Report rejects Senate amendments which would have:
1. Made incorrect technical changes to statutory citations.
Report amends the bill to:
1. Make necessary technical changes to statutory citations.
Digest of the bill as proposed by the Conference Committee
Proposed law authorizes persons to specify names of partnerships and nonprofit corporations
by filing a signed application with the secretary of state.
Proposed law requires the secretary of state to reserve specified names of partnerships and
nonprofit corporations available for use for a nonrenewable period of 120 days. Proposed law provides the right to transfer specified, reserved names to a transferee through
a signed application with the secretary of state.
Present law requires the secretary of state to reserve a specified name available for use for
a domestic or foreign limited liability company for 60 days or less as may be requested by
the applicant. Present law authorizes the secretary of state to extend the reservation, not
more than twice, for an additional 30 days for good cause shown. Proposed law repeals the
extension and reservation periods of present law and requires a nonrenewable reservation
period of 120 days.
Present law requires the secretary of state to reserve a specified trade name, trademark, or
service mark available for use for 60 days or less as may be requested by the applicant. Present law
authorizes the secretary of state to extend the reservation, not more than twice,
for an additional 30 days for good cause shown. Proposed law repeals the extension and
reservation periods of present law and requires a nonrenewable reservation period of 120
days.
Present law requires a $5 reservation fee to be paid to the secretary of state by the person,
firm, corporation, association, partnership, or other entity making the reservation for a trade
name, trademark, or service mark. Proposed law repeals present law.
Proposed law authorizes a person who previously registered a trademark or trade name to
renew an expired trademark or trade name at any time. Further requires any other person
seeking to register an expired trademark or trade name to provide a 60-day notice, by
certified mail, to the previous person who registered the expired trademark or trade name.
(Amends R.S. 12:204(B)(intro. para.) and 1307(B)(2) and R.S. 51:213(B)(2); Adds R.S.
9:3401(C), R.S. 12:204(G), and R.S. 51:216(F); Repeals R.S. 12:1307(B)(3))