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Bench & Bar of Minnesota is the official publication of the Minnesota State Bar Association.

Minnesota Assumed Name Certificates

Ten years—that is the term for a trademark registered with the state of Minnesota (with a term of ten more years for each renewal of that state trademark registration).  That also was the term for a Minnesota assumed name filing, but not anymore.  Now a Minnesota assumed name certificate must be renewed annually.

Every individual or entity that does business in Minnesota under any name other than its true name is required to file an assumed name certificate with the Minnesota Secretary of State. Minn. Stat. §333 et seq.  For any assumed name certificate filed after September 5, 2011, the effective term is now only one year, renewable annually (with the first renewal due by the end of the calendar year after the calendar year in which the initial filing was made for that assumed name).

The grandfather clause:  An assumed name certificate filed on or before September 5, 2011, is exempt from the annual renewal requirement, until the original ten-year term for that certificate expires.

James L. Young

Westman, Champlin & Kelly, PA

Minneapolis

jyoung@wck.com

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