and the geographic and market area served as evidence that the marks will not be confusingly similar. There is no fee for filing these affidavits, although a fee is charged for filing a consent. Option 3: File a court order If you obtain a court order establishing your prior right to the name, you can file it with your application. Option 4: File a "Statement of Dormant Business" Use this if the existing business appears inactive. You must file a signed affidavit proving: - Has been in existence for three years or more. - Is on file with the Secretary of State. - Has not filed anything with the Secretary of State in the past three years. The applicant has: • Mailed a written notice by certified mail (return receipt requested) to the registered office. • Received the notice returned as undeliverable. • Made a diligent inquiry and found no telephone listing for the business in the county of its registered office. • No knowledge that the business is still operating. • Mailed a written notice by certified mail (return receipt requested) to the registered office. • Received the notice returned as undeliverable. • Made a diligent inquiry and found no telephone listing for the business in the county of its registered office. • No knowledge that the business is still operating.
FORMING A SOLE PROPRIETORSHIP
As noted in the section on choosing the form of organization, a sole proprietorship is the simplest form of business organization. There are no statutory requirements unique to this form of organization. From a regulatory standpoint, the business owner may only need to register a Certificate of Assumed Name with the Office of the Minnesota Secretary of State (if it does not contain the business owner’s full first and last names) (fee for filing), obtain business licenses and tax identification numbers if necessary, and begin operations. A list of business licenses required by the state of Minnesota appears in the Directory of Licenses and Permits section of this Guide or use the Minnesota ELicensing portal to find state license/ permits/registrations/certifications requirements. Procedures for registering the business name as an assumed name are discussed in the previous section of this Guide.
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