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, 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.
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.
Structure Texas Statutes