Business Organizations Code § 5.001

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.