A proposed entity name is similar to an existing name and requires a letter of consent if any of the following conditions exists.

1. (1) The proposed entity name is the same as, or deceptively similar to, an entity name on file except for a geographical designation at the end of the name. For purposes of this paragraph, geographic designation includes the recognized name or abbreviation of a city, county, state, country, lake or ocean, a region (Permian Basin, Metroplex, Central Texas, etc.), a recognized subdivision within the state, a continent, or a compass point of reference. For purposes of this section, the term geographic designation does not include street names or non-specific location terms such as "International," "Gulf," or "Central."

   1. (A) Example: Bull and Bear Club of San Antonio would need a letter of consent from Bull and Bear Club.
   2. (B) Example: San Antonio Bull and Bear Club would not need a letter of consent from Bull and Bear Club.
   3. (C) Example: Acme, Ltd. would need a letter of consent from Acme Southwest, Inc.
   4. (D) Example: Exhibits International, LLC would not need a letter of consent from Exhibits, Inc.
   5. (E) TempStaff, Inc. would need a letter of consent from TempStaff of Central Texas, Limited Partnership.

2. (2) The first two or more words of a proposed entity name are the same as, or deceptively similar to, the first two words of an entity name on file, and are not frequently used in combination.

   1. (A) Example: Houston Service and Supply, Inc., would need a letter of consent from Houston Service, Inc.
   2. (B) Example: Sunset Oil Co. would need a letter of consent from Sunset Oil and Gas, Inc.
   3. (C) Example: First Texas Mortgage and Title Company would need a letter of consent from First Texas Mortgage Company.
   4. (D) Example: Hot Dog Publications, Inc., would not need a letter of consent from Hot Dog Enterprises Corp.

3. (3) The proposed entity name is the same as, or deceptively similar to, an entity name on file except for a numerical expression which implies that the proposed entity is an affiliate of or in a series with the existing entity. Example: A letter of consent from an existing entity named United Company would be required in order to file any of the following:

   1. (A) United IV;
   2. (B) United No. 7;
   3. (C) United Phase Two;
   4. (D) United 2005.

4. (4) If the entity name on file has only one significant word and the proposed entity name consists of the same word followed by some other significant word, the proposed entity name is not similar requiring letter of consent. Example: A letter of consent from an existing entity named United Company would not be required in order to file any of the following:

   1. (A) United Sales;
   2. (B) United Service;
   3. (C) United Supply;
   4. (D) United Industries;
   5. (E) United Associates;
   6. (F) United International;
   7. (G) United Systems;
   8. (H) United Products;
   9. (I) United Productions.

5. (5) The proposed entity name contains the same words as an existing entity name but the words are inverted.

   1. (A) Example: Energy Ventures, Inc., would need a letter of consent from Ventures Energy Corp.
   2. (B) Example: Austin Auto Parts, Inc., would need a letter of consent from Auto Parts of Austin, Incorporated.
6. (6) The difference in the names consists in the use of the term "companies." Example: Satterwhite Companies, Ltd. would need a letter of consent from Satterwhite Corporation.

7. (7) The proposed entity name is the same as or deceptively similar to that of an existing entity name except for an Internet locator designation at the end or at the beginning of the name.

   1. (A) Example: BusinessWorks.com, Inc. would need a letter of consent from Business Works, L.P.
   2. (B) Example: WWW.ARTBEAT Company would need a letter of consent from ArtBeats, LLC.

8. (8) The difference in names consists of words or contractions of words that are derived from the same root word and there is no other distinguishing word in the name.

   1. (A) Example: Magic Show, Inc. would need a letter of consent from Magical Show, Ltd.
   2. (B) Example: Management Education Incorporated would need a letter of consent from Management.edu L.P.
   3. (C) Example: Acme Electrical Products Incorporated would not need a letter of consent from Acme Electric Company.

Source Note:The provisions of this §79.43 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 February 18, 1998, 23 TexReg 1529; amended to be effective October 20, 2004, 29 TexReg 9671.