Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 36 - PRACTICE AND PROCEDURE OF THE BUSINESS REGISTRATION DIVISION › Subchapter 3 - STATEMENTS OF POLICY › Section 16-36-15 - Registration of trademarks, service marks, prints, and labels; corporation names, partnership names, limited liability company names, and trade names

Current through June, 2024
(a) A proposed name
				or mark that is substantially identical to a registered name or mark shall be
				rejected and not accepted for registration. A name or mark is "substantially
				identical" if:
(1) The only variation from an
				existing name or mark is the spelling of a number instead of the numerical
				symbol for the number. For example, "Twenty-Seven, Inc.", "27, Inc.", and
				"XXVII, Inc.";
(2) The names or
				marks are pronounced the same and the only variation is that a word (or words)
				is spelled differently. For example, "The Flour Shop, Inc." or "The Flower
				Shop, Inc."; "Waimanalo Suns, Inc." or "Waimanalo Sons, Inc."; or "Beach Days,
				Inc." or "Beach Daze, Inc.";
(3)
				The only variation from an existing name or mark is the business entity suffix,
				affix, prefix, or the use of the word "partner" (except in the case of a
				subsidiary relationship, or where the entities are affiliated and the entity
				that registered the existing name or mark consents to the use of its name or
				mark). For example, "Sampson, Inc.", "Sampson Corporation", "Sampson,
				Incorporated", "Sampson Company", "Sampson Limited Liability Company", "Sampson
				Partnership", "Sampson Partners", "Sampson Limited Partnership", and "Sampson
				Limited Liability Partnership";
(4)
				The only variation from an existing name or mark is the use of "n", "-n-", or
				the use of the letter "n" between two or more words rather than two or more
				letters to connote "and", or the use of the letter "a" or the words "an",
				"and", "the", "of, "in", "at", "on", "to" or "for" or the Hawaiian language
				equivalent words of "da", "ka", "ke", "na", or "la". For example, "Oceanside
				Pier Honolulu, Inc.", "The Oceanside Pier of Honolulu, Inc.", and "An Oceanside
				Pier for Honolulu, Inc."; "Ka Hana Maiau, Inc." and "Hana Maiau, Inc."; or
				"Peaches and Cream, Inc.", "Peaches 'N Cream, Inc.", "Peaches-N-Cream, Inc.",
				and "Peaches 'N Cream, Inc.";
(5)
				The only variation from an existing name or mark is the use of punctuation,
				spaces, or symbols. For example, "ABC, Inc." "A.B.C., Inc.", "A B C, Inc.",
				"AB&C, Inc.", and "A*B*C, Inc.";
(6) The only variation from an existing name
				or mark is the double use of a business entity suffix or affix. For example,
				"Acme Construction, Inc." and "Acme Construction Company, Inc.";
(7) The only variation from an existing name
				or mark is the use of a plural word or addition of a possessive "s". For
				example, "Acme Contractors, Inc.", "Acme's Contractor, Inc." and "Acmes
				Contractor, Inc.";
(8) The only
				difference from an existing name or mark is a universally recognized
				abbreviation or shortened form of a word. For example, "Southeast Landscaping,
				Inc.", "S.E. Landscaping, Inc.", "SE Landscaping, Inc." and "S E Landscaping,
				Inc.";
(9) The only variation from
				an existing name or mark is the use of the phrase "of Hawaii", or the word
				"Hawaii", or its recognized abbreviation "HI" at the end of the name, unless
				used by a subsidiary or associate entity, or unless the entity that registered
				the existing name or mark consents to the registration of the name or mark. For
				example, "Omni, Inc.", "Omni of Hawaii, Inc.", "Omni of HI, Inc.", "Omni
				Hawaii, Inc." and "Omni HI, Inc.";
(10) The only variation from an existing name
				or mark is the use of the word "Hawaii" or "Hawaiian" at the beginning of the
				name. For example, "Hawaii Flower Bouquet, Inc." and "Hawaiian Flower Bouquet,
				Inc."; and
(11) The only variation
				from an existing name or mark is the use of a number, or alphabetical or
				numerical symbol, in consecutive order indicating a close association with the
				name or mark currently on file.
For example, "Acme Development I, Inc." and "Acme
				  Development II, Inc."; or "Acme Development A, Inc.", and "Acme Development B,
				  Inc.".