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Texas Business Organizations Code - Section 5.001. Effect On Rights Under Other Law

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§ 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 or 36, 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, § 1, eff. Jan. 1, 2006.

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Last modified: August 11, 2007