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Texas Business Organizations Code

§ 5.001 — EFFECT ON RIGHTS UNDER OTHER LAW

BO § 5.001Title 1. GENERAL PROVISIONS · Ch. 5. NAMES OF ENTITIES; REGISTERED AGENTS AND REGISTERED OFFICES · Art. A. GENERAL PROVISIONS

Statute text

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(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;

Legislative history

Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.08, eff. April 1, 2009. Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 12, eff. June 1, 2022.

Source: Texas Business Organizations Code § 5.001 from the Texas Constitution and Statutes (Texas Legislature) (public record). DecisionDepot is for informational use only and is not legal advice — verify against the official source before relying on this text.