Art. 2.05. Corporate Name; Use of Assumed Names A. The Corporate name shall conform to the following requirements: (1) It shall contain the word "corporation," "company," or "incorporated," or shall contain an abbreviation of one of such words, and shall contain such additional words as may be required by law. (2) It shall not contain any word or phrase which indicates or implies that it is organized for any purpose other than one or more of the purposes contained in its articles of incorporation. (3) It shall not be the same as, or deceptively similar to, the name of any domestic corporation, limited partnership, or limited liability company existing under the laws of this State, or the name of any foreign corporation, non-profit corporation, limited partnership, or limited liability company authorized to transact business in this State, or a name the exclusive right to which is, at the time, reserved in the manner provided in this Act or any other statute providing for reservation of names by a limited partnership or limited liability company, or the name of a corporation, limited partnership, or limited liability company which has in effect a registration of its company name as provided in this Act or any other applicable law; provided that a name may be similar if written consent is obtained from the existing corporation, limited partnership, or limited liability company having the name deemed to be similar or the person for whom the name deemed to be similar is reserved in the office of the Secretary of State. (4) It shall not contain the word "lottery." B. Any domestic or foreign corporation having authority to transact business in this State may do so under an assumed name by filing an assumed name certificate in the manner prescribed by law. The assumed name may, but is not required to, comply with the requirements of Section A(1) of this Article. C. The filing of articles of incorporation under Part Three of this Act, an application to reserve a specified Corporate name under Article 2.06 of this Act, or an application to register a Corporate name by a foreign corporation under Article 2.07 of this Act does not authorize the use of a Corporate name in this State in violation of the rights of another under the federal Trademark Act of 1946 (15 U.S.C., Section 1051 et seq.), the Texas trademark law (Chapter 16, Business & Commerce Code), the Assumed Business or Professional Name Act (Chapter 36, Business & Commerce Code), or the common law. The Secretary of State shall deliver to each newly organized corporation, applicant for reservation of a Corporate name, and newly registered foreign corporation a notice containing the substance of this section. Acts 1955, 54th Leg., p. 239, ch. 64, eff. Sept. 6, 1955. Amended by Acts 1987, 70th Leg., ch. 283, Sec. 1, eff. Aug. 31, 1987; Acts 1991, 72nd Leg., 1st C.S., ch. 6, Sec. 11A(a); Acts 1993, 73rd Leg., ch. 215, Sec. 2.03, eff. Sept. 1, 1993; Acts 1997, 75th Leg., ch. 375, Sec. 3, eff. Sept. 1, 1997.

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Last modified: August 10, 2007