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 articles, prepositions, or conjunctions. Example: The Slaughter Co. is deceptively similar to Slaughter Co.

3. (3) The difference consists in the use of periods, spaces, or other spacing symbols that do not alter the names sufficiently to make them readily distinguishable.

   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) A/G/X Corp;
      6. (vi) AG-X Corp.
   2. (B) Example: Fair View Rest Home, Inc., is deceptively similar to Fairview Rest Home, Inc.
   3. (C) Example: A and B Trucking, Inc. is not deceptively similar to AB Trucking, LLC.
   4. (D) Example: Double X Tire Company is not deceptively similar to XX Tires, Inc., and neither Double X Tire Company nor XX Tires, Inc. is deceptively similar to 2X Tires Incorporated.

4. (4) The difference consists in the presence or absence of letters that do not alter the names sufficiently to make them readily distinguishable. This includes the use of singular, plural or possessive terms.

   1. (A) Example: Exon, Exxonn, Exxons, or Exxon's are deceptively similar to Exxon.
   2. (B) Example: Centennial Alarm Systems Corp. is deceptively similar to Centennial Alarm System Company.
   3. (C) Example: Medina Media Cabinets LLC is deceptively similar to Meddina's Media Cabinets, Inc.

5. (5) The names are spelled differently or use alternative symbols, but sound alike when spoken, thus making the names phonetic equivalents and difficult to distinguish upon hearing.

   1. (A) Example: Chemtech Corporation is deceptively similar to Kemtek Incorporated.
   2. (B) Example: A and A Trucking, Inc. is deceptively similar to A & A Trucking Company.
   3. (C) Example: Four Winds, Inc. is deceptively similar to 4 Winds Corp. and IV Winds Ltd.

6. (6) The difference in names consists of the use of common abbreviations or acronyms for the same term.

   1. (A) Example: Johnson Bros. Company is deceptively similar to Johnson Brothers Company.
   2. (B) Example: The Commons Northwest, Inc. is deceptively similar to The Commons NW, Company.
   3. (C) Example: Central Texas Hideaways, LLC is deceptively similar to CenTex Hideaways, Inc.
   4. (D) Example: DFW Carpet Cleaning, Inc. is deceptively similar to Dallas-Fort Worth Carpet Cleaning Company.

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; amended to be effective October 20, 2004, 29 TexReg 9671.