Legislation
SECTION 209-A
Registration of hotel and motel names
General Business (GBS) CHAPTER 20, ARTICLE 12
§ 209-a. Registration of hotel and motel names. Any person or
corporation now owning or now engaged in and conducting the business of
an hotel or motel in the state of New York may register the name by
which said hotel or motel is known and designated by filing in the
office of the secretary of state a petition subscribed by the petitioner
and affirmed by him as true under the penalties of perjury, containing
the facsimile of such name or designation and specifically describing
the location of the hotel or motel to be known by such name or
designation, together with the name and address of the person or
corporation owning or operating the hotel or motel in addition to such
other recitals as the secretary of state may require. A duplicate
original or a certified copy of such petition shall also be filed in the
office of the clerk of the county in which said hotel or motel is
situated and a copy of said petition shall be printed once each week for
three consecutive weeks in a newspaper published in the county in which
said hotel or motel is located, and such person or corporation shall
thereupon have the right to the exclusive use of such name or
designation for an hotel or motel in the state of New York. Where it
appears that the required publication has been made and this article has
been in all other respects complied with the secretary of state shall
deliver to such person or corporation so filing such petition a
certificate under his seal of the record of such filing and such
certificate shall be prima facie evidence of the right to the exclusive
use in the state of New York of such name or designation by the person
or corporation therein named. Any person or corporation may so register
the name of an hotel or motel about to be erected, provided, however,
that in the event that such person or corporation shall not begin the
construction of said hotel or motel within one year thereafter and
prosecute the construction thereof with reasonable dispatch, said person
or corporation shall be deemed to have abandoned the right to use such
name or designation.
corporation now owning or now engaged in and conducting the business of
an hotel or motel in the state of New York may register the name by
which said hotel or motel is known and designated by filing in the
office of the secretary of state a petition subscribed by the petitioner
and affirmed by him as true under the penalties of perjury, containing
the facsimile of such name or designation and specifically describing
the location of the hotel or motel to be known by such name or
designation, together with the name and address of the person or
corporation owning or operating the hotel or motel in addition to such
other recitals as the secretary of state may require. A duplicate
original or a certified copy of such petition shall also be filed in the
office of the clerk of the county in which said hotel or motel is
situated and a copy of said petition shall be printed once each week for
three consecutive weeks in a newspaper published in the county in which
said hotel or motel is located, and such person or corporation shall
thereupon have the right to the exclusive use of such name or
designation for an hotel or motel in the state of New York. Where it
appears that the required publication has been made and this article has
been in all other respects complied with the secretary of state shall
deliver to such person or corporation so filing such petition a
certificate under his seal of the record of such filing and such
certificate shall be prima facie evidence of the right to the exclusive
use in the state of New York of such name or designation by the person
or corporation therein named. Any person or corporation may so register
the name of an hotel or motel about to be erected, provided, however,
that in the event that such person or corporation shall not begin the
construction of said hotel or motel within one year thereafter and
prosecute the construction thereof with reasonable dispatch, said person
or corporation shall be deemed to have abandoned the right to use such
name or designation.