Only the proposed entity name, the current names of active (not revoked, cancelled, merged, dissolved, withdrawn, terminated, or forfeited) entities, name reservations, and name registrations for entities on file are considered in determining the availability of the entity name for purposes of filing with the secretary of state. Among matters not considered are the following:
  (1) whether the purpose of a proposed entity is the same as or similar to the purpose of an existing entity;
  (2) whether the entities will be carrying out activities in the same or nearby locations;
  (3) whether an analogous situation has previously been acted upon by the Office;
  (4) whether an "opinion" as opposed to a final determination has previously been expressed by an employee of the secretary of state in response to an oral or written request;
  (5) whether an existing entity is actively engaged in business, or has a telephone listing, or a location of a place of business;
  (6) whether an existing entity is about to change its name, or be terminated, or merged out of existence;
  (7) whether a response to an inquiry can be obtained from an existing entity;
  (8) whether the applicant has ordered stationery, opened a bank account, signed a contract, or otherwise taken other actions in the expectation, hope, or belief that the proposed name would be available;
  (9) whether the applicant is more or less important, extensive, widely known, or influential than an existing entity;
  (10) whether a previous determination on the same name was made by an employee of the secretary of state;
  (11) whether an existing entity has filed for or intends to file for bankruptcy; or
  (12) whether an applicant's submission of a document relating to the entity name at issue was prior to the submission of the document effecting the conflicting existing name.

Source Note: The provisions of this §79.44 adopted to be effective June 1, 2018, 43 TexReg 3341