Tex. Bus. Orgs. Code 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 (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;

(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.
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.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 12, eff. June 1, 2022.

Source: Section 5.001 — Effect on Rights Under Other Law, https://statutes.­capitol.­texas.­gov/Docs/BO/htm/BO.­5.­htm#5.­001 (accessed Apr. 13, 2024).

5.001
Effect on Rights Under Other Law 5.002
Evidence of Established Right to Indistinguishable Name 5.051
Assumed Name 5.052
Unauthorized Purpose in Name Prohibited 5.053
Distinguishable Names Required 5.054
Name of Corporation, Foreign Corporation, Professional Corporation, or Foreign Professional Corporation 5.055
Name of Limited Partnership or Foreign Limited Partnership 5.056
Name of Limited Liability Company or Foreign Limited Liability Company 5.057
Name of Cooperative Association or Foreign Cooperative Association 5.058
Name of Professional Association or Foreign Professional Association 5.059
Name of Professional Limited Liability Company or Foreign Professional Limited Liability Company 5.060
Name of Professional Entity or Foreign Professional Entity 5.062
Veterans Organizations 5.063
Name of Limited Liability Partnership 5.064
Name Falsely Implying Governmental Affiliation Prohibited 5.065
False Implication of Governmental Affiliation 5.101
Application for Reservation of Name 5.102
Limitation on the Reservation of Certain Names 5.103
Action on Application 5.104
Duration of Reservation of Name 5.105
Renewal of Reservation 5.106
Transfer of Reservation of Name 5.151
Application by Certain Entities for Registration of Name 5.152
Application for Registration of Name 5.153
Limitation on the Registration of Certain Names 5.154
Duration of Registration of Name 5.155
Renewal of Registration 5.200
Definitions 5.201
Designation and Maintenance of Registered Agent and Registered Office 5.202
Change by Entity to Registered Office or Registered Agent 5.203
Change by Registered Agent to Name or Address of Registered Office 5.204
Resignation of Registered Agent 5.205
Rejection of Appointment 5.206
Duties of Registered Agent 5.207
Designation of Registered Agent Without Consent 5.208
Immunity from Liability 5.251
Failure to Designate Registered Agent 5.252
Service on Secretary of State 5.253
Action by Secretary of State 5.254
Required Records of Secretary of State 5.255
Agent for Service of Process, Notice, or Demand as Matter of Law 5.256
Other Means of Service Not Precluded 5.257
Service of Process by Political Subdivision 5.301
Applicability of Subchapter 5.302
Agent for Series 5.303
Duties of Registered Agent 5.304
Service on Secretary of State 5.305
Service on Governing Persons 5.306
Service of Process by Political Subdivision 5.0561
Name of Registered Series of Limited Liability Company 5.1041
Prohibition on Fee for Withdrawal of Reservation of Name 5.2011
Consent to Serve as Registered Agent
Green check means up to date. Up to date

Accessed:
Apr. 13, 2024

§ 5.001’s source at texas​.gov