Without limiting the discretion of the Secretary of State to
determine that a proposed name is the same as an existing name, entity
names are distinguishable and are therefore available if a comparison
of the names reveals sufficient differences, or if one or more of
the following conditions exist:
(1) A difference of at least one key word.
(A) "Sunshine Community Development" is distinguishable
from "Sunshine Community Properties".
(B) "United" is distinguishable from "United One".
(C) "Real Homes of Austin" is distinguishable from
"Real Homes".
(D) "Texas Cowboys" is the same as "The Texas Cowboys".
(2) The key words are the same but are in a different
order.
(A) "Summit Energy" is distinguishable from "Energy
Summit".
(B) "Global One" is distinguishable from "One Global".
(C) "Austin Auto Parts" is distinguishable from "Auto
Parts of Austin".
(3) The key words or contractions of key words are
derived from the same root word.
(A) "Great Products" is distinguishable from "Great
Productions".
(B) "Magic Professionals" is distinguishable from "Magical
Professionals".
(4) The key words are the same but are in a different
language.
(A) "Casa Blanca Productions" is distinguishable from
"White House Productions".
(B) "Tejas Enterprises" is distinguishable from "Texas
Enterprises".
(C) "El Rodeo" is the same as "Rodeo" or "The Rodeo".
(5) The key word or words sound the same but at least
one word, on its face, has a different meaning or connotation.
(A) "Jones Tires" is distinguishable from "Joan’s
Tires".
(B) "Capitol Investments" is distinguishable from "Capital
Investments".
(C) "Express Auto" is the same as "Xpress Auto".
(D) "One World" is the same as "1 World".
(6) The key word or words are the same except for the
addition, substitution, or omission of prepositions which alter the
names sufficiently to make the names distinguishable.
(A) "In the Know" is distinguishable from "Know".
(B) "Friends" is distinguishable from "Between Friends".
(C) "Books for People" is distinguishable from "Books
by People".
(D) "Look to the Future" is the same as "Look toward
the Future".
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