Without limiting the discretion of the Secretary of State to
determine that a proposed name is the same as an existing name, entity
names that are not distinguishable are available with consent from
an existing entity under one or more of the following conditions:
(1) The existence, addition, substitution, or absence
of a word, phrase, or abbreviation that identifies or indicates different
types of entities.
(A) "Sampson, Inc." is available with consent from
"Sampson, PLLC".
(B) "Adventure Unlimited, a Limited Liability Company"
is available with consent from "Adventure Unlimited, LP".
(C) "Love Foundation" is the same as "Love Foundation,
Inc."
(D) "ABC, LLC" is the same as "ABC Limited Liability
Company"
(E) "Wild West, Inc." is distinguishable from Wild
West Companies, Ltd."
(2) The use of a common abbreviation of the same word.
(A) "Smith Brothers Plumbing" is available with consent
from "Smith Bros. Plumbing".
(B) "Steel Manufacturing Supplies" is available with
consent from "Steel Mfg Supplies"
(C) "Sweet Treats of Dallas Ft. Worth" is available
with consent from "Sweet Treats of DFW".
(D) "United States Enterprises" is available with consent
from "U.S.A. Enterprises".
(3) The use of the singular, plural, or possessive
form of a word if the difference does not alter the name sufficiently
to make the names distinguishable.
(A) "On the Banks" is available with consent from "On
the Bank".
(B) "Child’s Play" is distinguishable from "Children’s
Play".
(4) The addition or omission of a state to a name which
already includes a city and which does not alter the name sufficiently
to make the names distinguishable.
(A) "Resources of Austin, Texas" is available with
consent from "Resources of Austin".
(B) "Atlanta Feed Company" is available with consent
from "Atlanta, Georgia Feed Co."
(C) "Elite Realty of Athens, TX" is distinguishable
from "Elite Realty of Athens, GA"
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