Section 113.18 - Reservation of a NameThe exclusive use of a name may be reserved with the Division for a period of 60 days.
(1) The Division will approve the exclusive use of a name where the name is not the same or so similar that it is likely to be mistaken for: (a) the corporate name or trade name of a corporation organized, authorized to transact business or otherwise lawfully conducting business in the commonwealth;(b) a corporate name under reservation;(c) the fictitious name adopted by a foreign corporation or other entity authorized to transact business or otherwise lawfully conducting business in the commonwealth because its real or trade name is unavailable;(d) the corporate name or trade name of a not-for-profit corporation organized, authorized to conduct its activities or otherwise lawfully conducting activities in the commonwealth;(e) the name or trade name of a partnership, business trust or other entity organized, authorized to transact business or otherwise lawfully conducting business in the commonwealth; or(f) on or after September 1, 2004, a trademark or servicemark registered with the Division under M.G.L. c. 110B or M.G.L. c. 110H.(2) Prior to submitting an application for reservation, the applicant shall determine that the name is available for use in the commonwealth. The Division records may be searched on the Division's website or by telephone at (617)727-9640. A name checked by telephone is preliminary and should not be relied upon. A name may not be reserved by telephone.(3) The application shall set forth the name and address of the applicant and the name to be reserved, and be accompanied by the appropriate fee. Upon receipt of an application, the Division will check its records. If it finds that the name is available and the fee has been paid, it shall reserve the name for the applicant's use for a period of 60 days. The reservation may be extended by the Division for an additional 60 days upon payment of an additional fee. If the reserving party wishes to reserve the name for a third or subsequent time, one business day must lapse between the expiration of the reservation and the beginning of the next reservation period. If the reserving party files articles of organization or amendment during the reservation period, he must submit the name reservation receipt to the clerk at the time the articles of organization or amendment are presented.