Section 1260-01-.18 - DUPLICATE OR CONFUSINGLY SIMILAR FIRM NAMES(1) In order to protect the public from confusion regarding licensed real estate firms, the Tennessee Real Estate Commission reserves the right to refuse to issue a new firm license in a name that is the same or confusingly similar to another firm already issued.(2) The Commission staff shall review all applications for a firm name to determine whether the name is the same or confusingly similar to the name of another firm licensed with the Commission. If a name is rejected, the applicant will be notified. If the applicant does not agree with the decision, he or she may appeal to the Executive Director. Upon notification of an appeal, the Executive Director will either approve or reject the name and notify the applicant.(3) The applicant may then appeal, in writing, the Executive Director's decision to the Commission. The Commission's decision will be final.(4) The Commission expects that the applicant has researched any legal restriction regarding the use of a proposed firm name. The Commission will not attempt to determine ownership, trademark, copyright, or the validity of any other legal means to protect a name.Tenn. Comp. R. & Regs. 1260-01-.18
Original rule filed July 20, 2015; effective 10/18/2015.Authority: T.C.A. § 62-13-203.