Texas Business Organizations Code
Sec. § 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, 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 (Trademarks) or 71 (Assumed Business or Professional Name), 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; and

(4)

a person that registers a name under Subchapter D.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 885 (H.B. 2278), Sec. 2.08, eff. April 1, 2009.
Source
Last accessed
Jul. 13, 2020