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, 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; and
(4) a person that registers a name under Subchapter D.
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.
Last modified: September 28, 2016