Section 61.5. Fictitious names and other name usage

(a) The conduct of business by a licensee under an assumed or fictitious trade name is prohibited unless the following conditions are met:

(1) The licensee has complied with 54 Pa.C.S. (relating to names), as applicable.

(2) The assumed or fictitious trade name has been filed with the Department.

(b) Any change in ownership of a business operated under an assumed or fictitious trade name, in accordance with the provisions of subsection (a), shall require a revision of registration to show the change in ownership.

(c) A person or entity which is not a licensee under the act is prohibited from using in its name or fictitious name the words ‘‘pawn’’ or ‘‘pawnbroker’’ or any similar terms. Notwithstanding regulation under the act to the contrary, a person or entity may use its name or fictitious name legally in use on December 27, 1997.

(d) A person or entity which is not a licensee under the act is prohibited from advertising in any manner as a pawnbroker, and from using the words ‘‘pawn’’ or ‘‘pawnbroker’’ in a heading to or otherwise in any advertisement. Notwithstanding any regulation under the act to the contrary, advertisements in use on December 27, 1997, may be used but may not be renewed.

The provisions of this § 61.5 amended December 26, 1997, effective December 27, 1997, 27 Pa.B. 6796. Immediately preceding text appears at serial page (237536).