Substitute House Bill No. 5305
          Substitute House Bill No. 5305

              PUBLIC ACT NO. 98-101


AN   ACT  CONCERNING  THE  USE  OF  THE  NAMES  OF
MUNICIPALITIES IN ASSUMED OR  FICTITIOUS  BUSINESS
NAMES CONTAINED IN PRINTED ADVERTISEMENTS.


    Be  it  enacted  by  the  Senate  and House of
Representatives in General Assembly convened:
    Section   35-1  of  the  general  statutes  is
repealed and the following is substituted in  lieu
thereof:
    (a)   No   person,   except  as  [hereinafter]
provided IN  THIS  SUBSECTION,  shall  conduct  or
transact business in this state, under any assumed
name, or under any  designation,  name  or  style,
corporate  or  otherwise, other than the real name
or names of the person or  persons  conducting  or
transacting  such  business, unless there has been
filed, in the office of the town clerk in the town
in which such business is or is to be conducted or
transacted, a certificate stating the  name  under
which  such  business  is or is to be conducted or
transacted  and  the  full  name  and  post-office
address  of  each person conducting or transacting
such business or, in the case of a corporation  or
limited  liability  company  using such an assumed
name, its  full  name  and  principal  post-office
address. Such certificate shall be executed by all
of such persons or, in the case of  a  corporation
or  limited  liability  company,  by an authorized
officer thereof, and acknowledged before [some] AN
authority qualified to administer oaths. Each town
clerk shall keep  an  alphabetical  index  of  the
names  of all persons filing such certificates and
of all names or styles assumed  as  [hereinbefore]
provided  IN THIS SUBSECTION and, for the indexing
and filing of each such certificate, shall receive
the statutory filing fee for documents established
in section 7-34a, to be paid by the person  filing
such  certificate. A copy of any such certificate,
certified by the town clerk in  whose  office  the
same   has   been   filed,  shall  be  presumptive
evidence, in all courts  in  this  state,  of  the
facts [therein] contained IN SUCH CERTIFICATE. The
provisions of this [section] SUBSECTION shall  not
prevent  the  lawful  use of a partnership name or
designation   if   such   partnership   name    or
designation  includes the true surname of at least
one of the  persons  composing  such  partnership.
This  [section] SUBSECTION shall not apply to: (1)
Any limited partnership,  as  defined  in  section
34-9,  provided  such  limited partnership (A) has
(i) filed a certificate as provided for in section
34-10,  or  (ii)  registered with the Secretary of
the State as provided in section  34-38g  and  (B)
conducts  or  transacts  business  under  the name
stated in the certificate or registered  with  the
Secretary   of  the  State,  or  (2)  any  limited
liability company, as defined in  section  34-101,
AS  AMENDED  BY  SECTIONS  1  AND  2 OF PUBLIC ACT
97-70, provided such limited liability company (A)
has (i) filed articles of organization as provided
for in section 34-120, or (ii) registered with the
Secretary  of  the  State  as  provided in section
34-223 and  (B)  conducts  or  transacts  business
under   the   name   stated  in  the  articles  of
organization or registered with the  Secretary  of
the  State.  Any  person conducting or transacting
business in violation of the  provisions  of  this
[section]  SUBSECTION shall be fined not more than
five hundred dollars or imprisoned not  more  than
one year. Failure to comply with the provisions of
this [section] SUBSECTION shall be deemed to be an
unfair   or   deceptive   trade   practice   under
subsection (a) of section 42-110b.
    (b)  NO  PERSON  SHALL  USE,  IN  ANY  PRINTED
ADVERTISEMENT, AN ASSUMED  OR  FICTITIOUS NAME FOR
THE  CONDUCT  OF   SUCH   PERSON'S  BUSINESS  THAT
INCLUDES THE NAME  OF  ANY  MUNICIPALITY  IN  THIS
STATE IN SUCH  A  MANNER  AS  TO SUGGEST THAT SUCH
PERSON'S BUSINESS IS  LOCATED IN SUCH MUNICIPALITY
UNLESS: (1) SUCH  PERSON'S  BUSINESS  IS, IN FACT,
LOCATED IN SUCH  MUNICIPALITY;  OR (2) SUCH PERSON
INCLUDES IN ANY  SUCH  PRINTED  ADVERTISEMENT  THE
COMPLETE STREET ADDRESS OF THE LOCATION FROM WHICH
SUCH  PERSON'S  BUSINESS  IS  ACTUALLY  CONDUCTED,
INCLUDING THE CITY OR TOWN AND, IF LOCATED OUTSIDE
OF CONNECTICUT, THE  STATE  IN WHICH SUCH PERSON'S
BUSINESS IS LOCATED.  THIS  SUBSECTION  SHALL  NOT
APPLY TO THE  USE  OF (A) ANY TRADEMARK OR SERVICE
MARK REGISTERED UNDER  THE  LAWS  OF THIS STATE OR
UNDER FEDERAL LAW,  (B)  ANY  SUCH NAME THAT, WHEN
APPLIED TO THE  GOODS OR SERVICES OF SUCH PERSON'S
BUSINESS, IS MERELY  DESCRIPTIVE  OF  THEM, OR (C)
ANY  SUCH  NAME   THAT  IS  MERELY  A  SURNAME.  A
VIOLATION OF THE  PROVISIONS OF THIS SUBSECTION BY
A PERSON CONDUCTING  BUSINESS  UNDER AN ASSUMED OR
FICTITIOUS  NAME  THAT  INCLUDES  THE  NAME  OF  A
MUNICIPALITY IN THIS  STATE  SHALL  BE  DEEMED  AN
UNFAIR   OR   DECEPTIVE   TRADE   PRACTICE   UNDER
SUBSECTION (a) OF SECTION 42-110b. NOTHING IN THIS
SUBSECTION  SHALL  BE   CONSTRUED  TO  IMPOSE  ANY
LIABILITY ON ANY  PUBLISHER  THAT  RELIES  ON  THE
WRITTEN  ASSURANCES  OF   A  PERSON  PLACING  SUCH
PRINTED  ADVERTISEMENT  THAT   SUCH   PERSON   HAS
AUTHORITY TO USE  ANY  SUCH  ASSUMED OR FICTITIOUS
NAME.

Approved May 22, 1998