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 considered the same and therefore not available if a comparison of the names reveals no differences or if the only difference between the proposed name and the existing names is one or more of the following conditions:

1. (1) The use of upper case or lower case letters, distinctive lettering or typeface, or the use of superscript or subscript letters or numerals.

   1. (A) "ACE Woodworks" is the same as "Ace Woodworks".
   2. (B) "H2O Supplies" is the same as "H₂O Supplies".
   3. (C) "NXNW" is the same as "NxNw".

2. (2) The addition, substitution, or omission of punctuation marks, accent marks, periods, spaces, or symbols that do not alter the name sufficiently to make the names distinguishable.

   1. (A) "A.F.G. Consulting" is the same as "AFG Consulting".
   2. (B) "Explore!" is the same as "Explore"
   3. (C) "Crossroads Productions" is the same as "Cross Roads Productions".
   4. (D) "Gotham" is distinguishable from "Got Ham".

3. (3) Except as provided by §79.43 of this subchapter (relating to Alphabet Names), the addition, substitution, or omission of different articles or conjunctions.

   1. (A) "The Truck Stop" is the same as "Truck Stop".
   2. (B) "Fair View, a Rest Home" is the same as "Fairview Rest Home".

4. (4) The repetition, absence, or difference in letters that does not alter the names sufficiently to make the names distinguishable.

   1. (A) "Texxas Strong" is the same as "Texas Strong".
   2. (B) "Going Strong" is the same as "Goin' Strong".
   3. (C) "XX Tires" is distinguishable from "X Tires".

Source Note:The provisions of this §79.39 adopted to be effective June 1, 2018, 43 TexReg 3341.