Section 2A. No association or trust shall assume the name of any corporation established under the laws of the commonwealth, or of a corporation, firm, or association or trust whether or not as defined in section one, or of an individual, carrying on business in the commonwealth at the time when the association or trust is created or within three years prior thereto, or assume a name so similar thereto as to be likely to be mistaken for it, except with the written consent of such existing corporation, firm, association or trust or of such individual, previously filed with the secretary; and the secretary shall refuse to receive for filing the written instrument or declaration of trust of an association or trust if it appears to him to have assumed a name in violation hereof. The supreme judicial or superior court shall have jurisdiction in equity, upon the application of any person interested or affected, to enjoin an association or trust from doing business under any name assumed in violation hereof, although the written instrument or declaration of trust of such association or trust has been received for filing as aforesaid.
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