Business entities could lose their exclusive right to use their business names in Pennsylvania after December 31, 2011. To retain their rights, such business entities must file a Decennial Report by December 31, 2011 to inform the Pennsylvania Department of State that such business entities continue to operate.
Every type of business entity must file the Decennial Report, including (i) domestic and foreign for-profit and nonprofit corporations; (ii) limited liability companies, (iii) limited partnerships, (iv) limited liability partnerships, and business trusts. Registrants of insignias or "marks used with articles and supplies" are required to file. Holders of fictitious names and trademarks are NOT required to file.
Pennsylvania law requires that such business entities that have not made a new or amended filing with the Pennsylvania Department of State's Corporation Bureau since January 1, 2002 are required to file a Decennial Report in 2011. Please note that filing tax forms does not count. The filing fee in $70. The Pennsylvania Department of State has created a searchable database listing all business entities required to file by December 31, 2011.
If a required business entity fails to file a Decennial Report, it will lose its exclusive right to use its name, insignia and/or mark in Pennsylvania on January 1, 2012. The Decennial Report requirement will permit Pennsylvania to purge its records and to make unused registered names available to others.
While filing a Decennial Report is imperative for entities that have not filed any forms with the Pennsylvania Department of State over the past 10 years, such filing does not give business entities any protection under federal trademark law.
If you need assistance in connection with the decennial filing, please contact James R. Carlisle, II.