Section 79.40 - Names that are Available with ConsentWithout 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"1 Tex. Admin. Code § 79.40
The provisions of this §79.40 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; Adopted by Texas Register, Volume 43, Number 21, May 25, 2018, TexReg 3342, eff. 6/1/2018