The Texas 509 form serves as a consent document that allows the holder of an existing name to permit the use of a similar name for a new filing entity or foreign filing entity in Texas. This form is essential for ensuring that proposed names do not infringe on existing names, which include those of active Texas entities and registered foreign entities. It is important to note that while the form facilitates the consent process, it does not replace legal advice or protect against potential trademark violations.
The Texas 509 form plays a crucial role in the process of naming business entities in the state. This form is used when an individual or organization wishes to propose a name that is similar to an existing name, but it requires the consent of the current name holder. Under Texas law, specifically the Texas Business Organizations Code, a proposed name can only be deemed acceptable if the existing name holder agrees in writing. This form serves as a formal way to document that consent, which must accompany any relevant filing instrument submitted to the Secretary of State. It’s important to note that while consent allows for the use of a similar name, it does not permit names that are identical or deceptively similar to existing names. Additionally, the consent provided does not override any trademark rights or other legal protections that may exist. The Texas 509 form is straightforward, requiring basic information such as the name of the existing entity and the proposed name, and must be signed by an authorized individual. Once submitted, the consent cannot be withdrawn, emphasizing the importance of careful consideration before proceeding. Understanding the nuances of this form can help prevent potential legal issues down the line, making it an essential tool for those navigating the business landscape in Texas.
General Information
(Consent to Use of Similar Name)
The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney.
Commentary
A proposed name for an entity can be similar to an existing name only if the holder of the existing name consents in writing. Tex. Bus. Orgs. Code § 5.053. Existing names include the names of active Texas filing entities, the names and fictitious names of active registered foreign filing entities, reserved names, and registered names.
This form can be used by the holder of an existing name to consent to the use of a similar name as the name of a filing entity or foreign filing entity for the purpose of submitting a filing instrument to the secretary of state. Use of this form is permissive. Consent can be given in any written format. A proposed name cannot be “the same as” or “deceptively similar to” an existing name, even if the holder of the existing name consents.
The holder of an existing name is not required to give consent. Consent does not authorize the use of a name in Texas in violation of a right of another under the Trademark Act of 1946, as amended (15 U.S.C. Section 1051 et seq.); Chapter 16 or 71, Business & Commerce Code; or common law. The secretary of state does not enforce these rights. Once the secretary of state files an instrument based on written consent to the use of a similar name, consent cannot be withdrawn. The secretary of state cannot enforce any private agreements or conditions the parties may have entered into regarding consent to use of the similar name. Questions about consent should be addressed to a private attorney.
Texas Administrative Code, title 1, part 4, chapter 79, subchapter C sets out the rules for determining whether names are the same, deceptively similar, or similar. These rules may be viewed at http://www.sos.state.tx.us/tac/index.shtml.
Instructions for Form
ｸItem 1: Enter the name of the entity or individual who holds the existing name.
ｸItem 2: Enter the proposed name.
ｸExecution: The form must be signed on behalf of the person who holds the existing name. If the existing name is held by an entity, an individual who is authorized to act on behalf of the entity must sign the form.
A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.
ｸSubmission: Submit the form with the relevant filing instrument. Do not submit separately from the relevant filing instrument. If written consent is not submitted with the relevant filing instrument, the secretary of state will not be able to take the consent into consideration.
Revised 12/10
Form 509
1
Form 509 (Revised 12/10)
Submit with relevant filing instrument.
Filing Fee: None
Consent to Use of Similar Name
(1)
Name of the entity or individual who holds the existing name on file with the secretary of state
consents to the use of
(2)
Proposed name
as the name of a filing entity or foreign filing entity in Texas for the purpose of submitting a filing instrument to the secretary of state. This consent does not authorize the use of the similar name in violation of a right of another under the Trademark Act of 1946, as amended (15 U.S.C. Section 1051 et seq.); Chapter 16 or 71, Business & Commerce Code; or common law.
(3)The undersigned certifies to being authorized by the holder of the existing name to give this consent. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument.
Date:
By:
Name of existing entity, if any (type or print)
File number of existing entity, if any
Signature of Authorized Person
Name of Authorized Person (type or print)
Title of Authorized Person, if any (type or print)
2
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