RCA – June 1998 – Ask The Analyst – Broker/Dealer Names

Q: Our firm would like to use a form of its name without including certain corporate modifiers. For example, if our firm were named "Marsupial Corporation" we would like to use the name "Marsupial" without including the word "Corporation." Would this be permissible?


A: Recently, another NASD member firm registered with the U.S. Patent and Trademark Office a form of its name that excluded certain corporate modifier language (i.e., L.L.C.). The firm requested interpretive advice from the NASD Regulation staff as to whether it would be permitted to use this modified form of its name in communications with the public. The firm represented that no other member firm is using another name that might be confusingly similar to the shortened form of its name. Based on this set of facts, the NASD Regulation staff did not object to the firm's use of the shortened form of its name. Given a similar set of facts, the NASD Regulation staff would not object to other members using modified forms of their names that omitted corporate modifiers such as L.L.C., Inc., Corporation, etc. (The text of the staff interpretive letter may be found on the NASD Regulation Web Site at www nasdr.com in the "Members Check Here" section.)