Form 509 – Consent to Use of Similar Name

Jurisdiction: United States | Texas

What is a Form 509 – Consent to Use of Similar Name?

Form 509 is a written consent that allows the Texas Secretary of State to accept a business name that is not distinguishable from a name already on file. It is a short, formal authorization from the entity that owns the existing name. You attach it to your filing when your proposed name conflicts with a name on the state’s records.

Texas law requires each filing entity to have a name that is distinguishable on the state’s records. Many routine differences do not make names distinguishable. Small changes in punctuation, spacing, special characters, capitalization, and articles usually do not help. Entity identifiers like LLC, Inc., Co., LP, PLLC, and similar tags also do not fix the problem. If your name is too close to an existing name, the Secretary of State will flag it. Form 509 is how the owner of the existing name gives permission for you to use a similar name.

Who typically uses this form?

You will see it in formation filings, foreign registrations, name changes, and name reservations. It is used by business owners, in-house counsel, firm administrators, and filing services. It is also common in franchise systems, joint ventures, and corporate groups. A parent company may consent to a subsidiary’s similar name. A franchisor may consent to a franchisee’s local entity name. Two unrelated companies may agree to coexist and document that consent.

Why would you need this form?

You need it when your preferred name is flagged as not distinguishable in Texas. Without consent, you must pick a different name. With consent, you may use a similar name if the Secretary of State accepts your filing. This is helpful when the brand is already established. It also helps align names across affiliates. You also need the form when registering a foreign entity if your home name conflicts with a Texas record. If the other Texas entity agrees, you can often keep your brand with a modest change.

Typical usage scenarios

You formed “Prairie Health Services, LLC,” but “Prairie Health Service, Inc.” exists. You ask the corporation for consent using Form 509. A Delaware parent owns “North River Holdings, Inc.” and wants to register “North River Holdings, LLC” for a Texas subsidiary. The parent signs Form 509. A franchisee wants “Bright Clean of Austin, LLC,” but “Bright Clean, LLC” is on file. The franchisor signs Form 509, allowing the franchisee’s local name. An existing Texas company rebrands to “Mesa Energy Group, LLC” and discovers “Mesa Energy, LP” on file. It obtains a signed Form 509 from the limited partnership and files its amendment with the consent attached.

Note what this form is not. It is not a trademark license. It does not give you the right to use someone’s brand in commerce. It is not a contract with the state. It is a written consent between private parties that supports a specific state filing. The Secretary of State will still apply naming rules. If the proposed name would mislead the public, the filing may still be rejected. Consent also does not let you use restricted words or professional terms you are not authorized to use. The usual naming standards still apply.

When Would You Use a Form 509 – Consent to Use of Similar Name?

You use Form 509 when you submit a filing, and the name is not distinguishable on the state’s records, but the owner of a similar name is willing to consent. This happens most often during entity formation. You pick a name, but a search shows a close match. You could change your name, but your brand matters. You contact the other entity and ask for a signed consent. You then attach Form 509 to your certificate of formation.

You also use it when registering a foreign entity. A corporation formed in another state wants to transact business in Texas using its true name. The true name is close to a Texas record. Without consent, you might have to adopt an assumed name in Texas. If the Texas name holder consents on Form 509, you can often register under your true name. This avoids operating under a “forced” assumed name that does not match your national brand.

It is used when you change an entity name. You file a certificate of amendment to adopt a new name. The new name conflicts with an existing record. If that record holder consents, you attach Form 509 to the amendment. This lets you rebrand without big changes to your chosen mark. The same is true when converting or merging entities. If the surviving or converted entity’s name is similar to a Texas record, the consent must be in the filing package.

It can also arise with a name reservation. You want to reserve a name before forming. The name is not distinguishable. You can submit a signed Form 509 with your reservation application. That way, you hold the name while you complete your documents. This is helpful in dealing with tight timelines.

Typical users include owners, managers, and officers of corporations, LLCs, limited partnerships, and nonprofits. Law firms and filing services also prepare and route Form 509. Franchisors, licensees, and affiliates use it to coordinate brand names in Texas. Less often, two unrelated businesses use it to settle a name dispute without litigation. They sign a coexistence agreement between themselves and attach Form 509 for the state filing.

You should not use Form 509 to try to adopt an identical name. The Secretary of State will not accept duplicate names. You also should not use it to bypass professional or regulatory naming rules. For example, you cannot add “bank,” “trust,” or licensed professional terms without special approvals. Consent from another business does not change those requirements.

Legal Characteristics of the Form 509 – Consent to Use of Similar Name

Form 509 is legally significant because it documents the existing record owner’s consent to the use of a similar name. The Secretary of State relies on that consent when deciding whether to accept a filing. The form is signed by an authorized person for the consenting entity. It states that the consenting entity allows another entity to use a name that would otherwise be considered not distinguishable.

Is it legally binding?

Yes, between the parties, it is a written consent that can be enforced under contract principles. It is also effective for the administrative purpose of the filing. Once accepted with your filing, the consent supports the state’s decision to place your similar name on the record. That state action gives you the legal right to hold that entity name in Texas. However, it does not override trademark laws or unfair competition principles. Third parties not part of the consent can still object if your use causes confusion in commerce.

What ensures enforceability?

Clarity, authority, and proper execution. The consenting entity must be correctly identified. The signatory must have authority under the entity’s governance documents. The language must be unambiguous. The consent should match the exact proposed name. The form should include the Texas file number of the consenting entity if available. A clear, effective date and signature help prevent disputes. The Secretary of State’s acceptance of your filing with the consent also confirms that administrative step.

There are important legal limits. The Secretary of State does not have to accept a filing even with consent. If the names are effectively identical, or if the use is likely misleading, the filing can still be rejected. Consent does not grant any right to use marks or trade names outside the entity-name context. It does not resolve conflicts with federal or state trademarks. It also does not bind regulators or licensing boards. If your name uses regulated terms, you must meet those agencies’ rules regardless of consent.

Consent does not equal affiliation. Two unrelated companies can agree to coexist in Texas. Form 509 is the only evidence that the existing record holder does not object to your similar name for state records. It does not create a partnership, joint venture, or agency. If you need ongoing terms, use a separate coexistence or license agreement. Include quality control if it involves brand licensing. Do not rely on Form 509 to manage future disputes. The Secretary of State will not enforce private restrictions you insert in an attachment.

Can consent be revoked after filing? The consenting entity can try to revoke consent as between the parties, but the state will not automatically cancel your name because of that private revocation. Name rights on the state’s records remain until changed by an appropriate filing or court order. If your private agreement requires a later name change, you must file an amendment to honor that contract. That is a private obligation, not an automatic state action.

Finally, be aware of the name rules used to judge similarity. Minor punctuation, business identifiers, articles, and spacing generally do not create distinction. Phonetic equivalents and common abbreviations also may not help. You should expect a strict standard. If your proposed name is close in sound or meaning, it will likely need consent.

How to Fill Out a Form 509 – Consent to Use of Similar Name

Follow these steps to complete and use Form 509. Treat each step as necessary. Do not skip the authority checks.

1) Confirm that consent is required.

• Run a name search on the state records.
• Identify the exact conflicting entity name.
• Note the Texas file number of that entity.
• Decide whether you want to seek consent or pick a different name.
• If your desired name is identical, plan to modify it. Consent supports similar names, not duplicates.

2) Contact the existing name holder.

• Reach out to the registered agent, legal department, or an officer.
• Explain your proposed name and why it conflicts.
• Describe your business scope and geography in Texas.
• Request a signed Form 509. Offer to share a draft.
• If the other entity needs a coexistence agreement, negotiate that separately.

3) Verify signatory authority.

• Ask who is authorized to sign for the consenting entity.
• For a corporation, use an officer.
• For an LLC, use a manager or member with authority.
• For a limited partnership, use a general partner.
• For a nonprofit, use an officer or director authorized by the board.
• If in doubt, get a simple resolution or email confirming authority for your file.

4) Complete the consenting entity section.

• Enter the consenting entity’s exact legal name as it appears on the records.
• Include its Texas file number, if it has one.
• State its jurisdiction of formation if it is foreign.
• Use the full, correct entity type (corporation, LLC, LP, etc.).
• Add a business address and contact email for clarity, if the form provides fields.

5) Complete the proposed user and name section.

• Enter the legal name of your entity or applicant.
• If you have not formed yet, list the organizer’s name where the form allows.
• Write the exact proposed entity name you want to use in Texas.
• Include the entity type for the proposed user.
• If you are registering a foreign entity, confirm whether you are using your true name or an alternate name. State the one you will put on the filing.

6) State the consent clearly.

• Use the form’s language that the consenting entity gives consent to the use of a name that is not distinguishable on the records of the Texas Secretary of State.
• Make sure the proposed name is spelled exactly as it will appear on your filing.
• Do not add ambiguous conditions in the body of the form. The Secretary of State needs a clear, unconditional consent to accept your filing.
• If the parties have private conditions, put them in a separate agreement. You can attach that to your internal files. The Secretary of State will not enforce private limitations.

7) Effective date and duration.

• The form is generally effective upon signing and filing with your related submission.
• If you need a future effective date, state it if the form provides that option.
• Use a recent date. Avoid stale signatures. The closer to your filing date, the better.

8) Signature block.

• The authorized person for the consenting entity signs the form.
• Print the signer’s name and title.
• Date the signature.
• No notarization is required for this form.
• For foreign consenting entities, sign in the same way you would sign corporate instruments in the home jurisdiction.

9) Attachments and schedules.

• If you must describe limits between the parties, create a separate coexistence or license agreement. Label it as a private agreement. Do not rely on the Secretary of State to police it.
• If the consenting entity is not on the Texas records, consider attaching evidence of its existence, such as basic formation details. This is not always required, but it can prevent questions.
• If your proposed name includes restricted words, prepare any required regulatory approvals separately. Consent does not satisfy those approvals.

10) Assemble your filing package.

• Attach Form 509 to the filing that needs the name. Examples: certificate of formation, application for registration, certificate of amendment, or name reservation.
• Ensure the entity names on all documents match exactly.
• Include the standard filing fee for your main filing. There is no separate fee for Form 509.

11) Submit and track.

• Submit the package to the Secretary of State.
• If the state questions the consent, respond promptly with clarifications.
• Keep the original consent and any private agreements in your records.

12) After acceptance.

• Once the Secretary of State accepts the filing, you hold the entity name as recorded.
• If your private agreement requires limitations on use, follow those limits operationally.
• If you later change names under your agreement, file a certificate of amendment to update the record.

Practical examples

Example 1: Affiliate alignment

• You form “Summit Logistics Texas, LLC.”
• “Summit Logistics, Inc.” exists in Texas.
• The parent of both entities signs Form 509 as the consenting entity.
• You file your certificate of formation with Form 509 attached.
• The filing is accepted. The affiliate group maintains consistent branding.

Example 2: Foreign registration with true name

• “Blue Harbor Capital Partners, LP” is formed in another state.
• You want to register in Texas with the same name.
• Texas has “Blue Harbor Capital Partner, LLC” on file. The names are not distinguishable.
• The LLC signs Form 509 consenting to your use.
• You submit the application for registration with consent. Texas records your true name.

Example 3: Franchise rollout

• “Sparkle Wash of Austin, LLC” is a franchisee.
• “Sparkle Wash, Inc.” is on file.
• The franchisor signs Form 509 authorizing the local franchisee’s similar name.
• The franchisee forms the LLC and opens on schedule.

Example 4: Name change during rebrand

• Your LLC amends its name to “Cedar Ridge Health Group, LLC.”
• “Cedar Ridge Health, Inc.” exists in Texas.
• The corporation consents on Form 509.
• You file the certificate of amendment with the consent. The rebrand proceeds.

Avoid common pitfalls during completion.

• Do not misspell either name. The Secretary of State evaluates exact strings.
• Do not assume that adding LLC or Inc. makes names different. It does not.
• Do not rely on consent for an identical name. Change the name to create a distinction.
• Do not use consent to add restricted or professional words you are not approved to use.
• Do not bury conditions in the consent text. Keep the consent clear and unconditional for the state. Put private obligations elsewhere.

If the other entity refuses to consent, consider alternatives. Adjust your name to add unique words that create a real distinction. Choose a different brand in Texas. If your name is important, consider an assumed name for marketing and a distinct legal name for filings, while staying within Texas rules. You can also revisit naming in a later amendment if circumstances change.

Finally, keep an internal audit trail. Retain the signed Form 509, any private agreements, internal approvals, and proof of authority. Record the date you filed and the accepted copy. If leadership changes, your files will show why and how a similar name was approved. This prevents confusion years later during diligence, financing, or a sale.

You now know what Form 509 is, when to use it, what legal weight it carries, and how to complete it. If your preferred name is blocked by a similar record, Form 509 is the clean path forward when the other party agrees.

Legal Terms You Might Encounter

• Name availability refers to whether your proposed entity name can be filed. The state checks if it is distinguishable from names already on record. Form 509 helps when the names are too similar to pass this test.
• Distinguishable in the records means your name is different enough from existing names. Minor changes like punctuation, articles, or typeface usually do not count. If the names are not distinguishable, you can use Form 509 to submit consent from the existing entity.
• Consent is written permission from the existing entity. It allows your similar name to be accepted. Form 509 is the vehicle for that permission.
• Existing entity is the business that already has a similar name on file. It could be a corporation, LLC, partnership, or other registered entity. That entity signs Form 509 to grant consent.
• Proposed entity is you or the entity seeking to use a similar name. You include Form 509 with your formation, registration, name change, or name reservation filing.
• SOS file number is the unique number assigned to a Texas filing. You list the existing entity’s file number on Form 509. This helps the state match the consent to the right record.
• Assumed name is a “doing business as” name used by an entity. Form 509 concerns legal entity names. It can also be relevant to assumed names if the state requires distinguishability for the filing you plan. Always match what the state’s process requires for your filing type.
• Authorized representative is the person who has the authority to sign for the existing entity. This could be an officer, manager, general partner, or other authorized person. Form 509 must be signed by someone with that authority.
• Name reservation is a request to hold a name before you file a formation or registration. If your reserved name is similar to an existing name, the state may require consent. Form 509 can support the reservation if the existing entity agrees.
• Likelihood of confusion is the risk that the public could confuse two business names. The state uses its own standards for name conflicts. Form 509 acknowledges similarity in the state’s records. It does not decide trademark rights or broader confusion issues.

FAQs

Do you need Form 509 if your name differs by one word?

Yes, if that difference does not make the name distinguishable in the state’s records. Small changes like “The,” “Company,” or punctuation usually do not qualify. If the state flags your name as too similar, you will need consent or a new name.

Do you file Form 509 by itself?

Usually, you attach it to another filing. That could be a formation, registration, name change, or reservation. The form supplies the consent needed for that specific filing to clear name review. If you send it alone, it may not be accepted or may sit without context.

Do you need Form 509 if you own a federal trademark?

Not necessarily. Trademarks and state name rules are separate. You can hold a trademark and still face a state name conflict. The state can still require Form 509 if your name is not distinguishable. A trademark does not override state name availability rules.

Do you use Form 509 for assumed names?

It depends on the filing and the state’s review standard for that filing. Form 509 is designed for consent when two legal names are too similar. Some assumed name filings may need it if conflicts arise. Confirm what the state requires for your filing type.

Who signs Form 509 for the existing entity?

An authorized representative. That person must have authority under the entity’s governing documents. Typical signers include an officer of a corporation, a manager of an LLC, or a general partner of a partnership. The signer’s title should appear on the form.

Does consent expire or get revoked after filing?

Consent on file supports the acceptance of your filing at that time. After your name is filed, later revocation of consent will not undo your accepted filing. If you change your name later to another similar name, you may need new consent for that change.

Do you need a separate Form 509 for each similar name?

Yes. Consent applies to the specific name stated on the form. If you want to file a different name, the state can require a new consent form. If multiple existing entities are similar, you may need separate consents from each.

Does Form 509 protect you from trademark disputes?

No. It addresses state-level name availability for filing records. It does not grant trademark rights or resolve infringement risk. You should assess brand risk separately. Form 509 is not a license to use the name in commerce beyond state filing approval.

Checklist: Before, During, and After the Form 509 – Consent to Use of Similar Name

Before signing

• Confirm the exact proposed name you want to file.
• Confirm whether your filing is a formation, registration, name change, or reservation.
• Identify the existing entity with a similar name.
• Get the existing entity’s exact legal name and SOS file number.
• Confirm the entity types for both parties (LLC, corporation, etc.).
• Identify and confirm the authorized signer for the existing entity.
• Obtain internal authorization if required by the existing entity’s governance.
• Check whether the state requires consent for your specific filing type.
• Decide on timing so Form 509 reaches the state with your filing.
• Verify that both entities understand the scope of consent.

During signing

• Use the exact names, with proper spelling, punctuation, and entity endings.
• Include the existing entity’s SOS file number, not a tax ID.
• Confirm the proposed name typed on Form 509 matches your filing exactly.
• Verify the authorized signer’s name and title are correct and legible.
• Date the form and ensure the signature is original if required.
• Avoid edits or strike-throughs; use a clean form.
• Check if any additional pages are needed for explanations.
• Review that any attached riders reference the exact names and file number.

After signing

• Include Form 509 with your main filing to the state.
• If mailing, package Form 509 with the related filing in one envelope.
• If filing electronically, attach or upload Form 509 where prompted.
• Keep a complete copy with signatures for both parties’ records.
• Track filing status and respond quickly to any state inquiries.
• If rejected, correct issues and resubmit with updated documents.
• Notify your registered agent and internal teams once the name is accepted.
• Store the final accepted filing and the signed consent in your minute book.

Common Mistakes to Avoid

Using the wrong entity name or file number

• Don’t guess at names or numbers. A mismatch can cause rejection. The state needs a perfect match to link consent to the right record.

Relying on an unauthorized signer

• Don’t let someone sign without authority. The state can reject the filing, and you lose time. Ensure the signer’s title matches their authority.

Submitting Form 509 without the related filing

• Don’t send consent with no context. It may not be processed or may get lost. Always attach it to the filing it supports.

Assuming consent cures trademark risk

• Don’t confuse state records with brand rights. Consent clears a filing hurdle only. You still need to assess trademark conflicts and market risk.

Editing the proposed name after getting consent

• Don’t change the name after the other party signs. Even a small change can void the consent. Get a new Form 509 if the name changes.

What to Do After Filling Out the Form

1. File the form with the related document. Attach Form 509 to your formation, registration, name change, or reservation filing. Make sure the names match exactly across all documents.
2. Confirm payment and delivery details. If a fee is due for your main filing, include the correct payment. If you file online, upload the consent where required. If you mail paper filings, keep them together.
3. Track the filing status. Monitor processing. If the state flags a mismatch, fix it fast. That could mean a new consent or a corrected form.
4. Document the acceptance. Once the state accepts your filing, save the stamped or confirmed copy. Keep the signed Form 509 with your entity records. Keep a copy for the existing entity as well.
5. Notify stakeholders. Tell your registered agent, internal teams, and any advisors. Update your formation or registration checklist. Align marketing and branding plans with the accepted name.
6. Plan for future changes. If you later change your name to another similar name, you may need a new consent. Calendar any brand strategy milestones that could trigger another filing.
7. Consider broader brand clearance. State acceptance is not brand safety. Review your trademark and market risks. If needed, explore coexistence terms directly with the other entity, separate from Form 509.
8. Maintain version control. Store the final, signed consent and all related filings together. Keep a digital copy and a physical copy. Label files with the exact names and dates.
9. Prepare for corrections or amendments. If you discover an error after submission, act quickly. You may need to submit corrections or a fresh consent. Contact the other entity’s signer if new signatures are needed.
10. Align internal authorizations. Update board minutes or manager consents as needed. Reflect the accepted name in your governing documents and templates. Use the accepted name consistently moving forward.