Only the proposed entity name, the current names of active
(not revoked, cancelled, merged, dissolved, withdrawn, terminated,
or forfeited) entities, name reservations, and name registrations
for entities on file are considered in determining the availability
of the entity name for purposes of filing with the secretary of state.
Among matters not considered are the following:
(1) whether the purpose of a proposed entity is the
same as or similar to the purpose of an existing entity;
(2) whether the entities will be carrying out activities
in the same or nearby locations;
(3) whether an analogous situation has previously been
acted upon by the Office;
(4) whether an "opinion" as opposed to a final determination
has previously been expressed by an employee of the secretary of state
in response to an oral or written request;
(5) whether an existing entity is actively engaged
in business, or has a telephone listing, or a location of a place
of business;
(6) whether an existing entity is about to change its
name, or be terminated, or merged out of existence;
(7) whether a response to an inquiry can be obtained
from an existing entity;
(8) whether the applicant has ordered stationery, opened
a bank account, signed a contract, or otherwise taken other actions
in the expectation, hope, or belief that the proposed name would be
available;
(9) whether the applicant is more or less important,
extensive, widely known, or influential than an existing entity;
(10) whether a previous determination on the same name
was made by an employee of the secretary of state;
(11) whether an existing entity has filed for or intends
to file for bankruptcy; or
(12) whether an applicant's submission of a document
relating to the entity name at issue was prior to the submission of
the document effecting the conflicting existing name.
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