Tex. Bus. Org. Code § 5.001

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 5.001 - Effect On Rights Under Other Law

(a) The filing of a certificate of formation by a filing entity under this code, an application for registration by a foreign filing entity under this code, a certificate of registered series, or an application for reservation or registration of a name under this chapter does not authorize the use of a name in this state in violation of a right of another under:

(1) the Trademark Act of 1946, as amended ( 15 U.S.C. Section 1051 et seq.);

(2) Chapter 16 or 71, Business & Commerce Code; or

(3) common law.

(b) The secretary of state shall deliver a notice that contains the substance of Subsection (a) to each of the following:

(1) a filing entity that files a certificate of formation under this code;

(2) a foreign filing entity that registers under this code;

(3) a person that reserves a name under Subchapter C;

(4) a person that registers a name under Subchapter D; and

(5) a registered series of a domestic limited liability company that files a certificate of registered series.

Tex. Bus. Org. Code § 5.001

Amended by Acts 2021, Texas Acts of the 87th Leg. - Regular Session, ch. 43,Sec. 12, eff. 6/1/2022.

Amended by Acts 2007, 80th Leg., R.S., Ch. 885, Sec. 2.08, eff. 4/1/2009.