A proposed entity name is deemed to be deceptively similar to an entity name on file if any of the following conditions exist.

1. (1) The difference in the names consists in the use of different words of incorporation or organization. Example: Sampson, Inc., is deceptively similar to Sampson Corporation.
2. (2) The difference in names consists in the use of different particles of speech. Example: The Slaughter Co. is deceptively similar to Slaughter Co.

3. (3) The difference consists in the use of periods, spaces, and symbols.

   1. (A) Example: The following names are deceptively similar:

      1. (i) AGX Corp.;
      2. (ii) A G X Corp;
      3. (iii) A.G.X. Corp;
      4. (iv) AG*X* Corp;
      5. (v) AG&X Corp;
      6. (vi) A&GX Corp;
      7. (vii) AG-X Corp.
   2. (B) Example: Fair View Rest Home, Inc., is deceptively similar to Fairview Rest Home, Inc.

4. (4) The difference consists in the presence or absence of letters which do not alter the names sufficiently to make them readily distinguishable. This applies to names that are spelled differently, but sound alike when spoken thus making the names difficult to distinguish upon hearing.

   1. (A) Example: Exon, Exxonn, or Exxons are deceptively similar to Exxon.
   2. (B) Example: Centennial Alarm Systems Corp. is deceptively similar to Sentennial Alarm Systems, Inc.
   3. (C) Example: Chemtech Corporation is deceptively similar to Kemtek Incorporated.
   4. (D) Example: AA Trucking is deceptively similar to Double A Trucking.
   5. (E) Example: Four Winds, Inc., is deceptively similar to 4 Winds Corp. and IV Winds Inc.

Source Note:The provisions of this §79.39 adopted to be effective January 1, 1976; amended to be effective September 15, 1981, 6 TexReg 3249; amended to be effective January 2, 1992, 16 TexReg 7469.