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Daly & Campbell Law Firm​​

1506 Winding Way Drive, STE 503, Friendswood, Texas 77546​

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Texas Non-compete Agreements

Non-compete agreements are important to Texas business owners who understand the importance of protecting their business goodwill, trade secrets, and other confidential or proprietary information.  It

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How to Setup an LLC in Texas: Picking a Name

Picking the name can actually be difficult both creatively and legally. Legally, you have to ensure you do not pick a name that is the same or similar to another company’s name. There are three categories of name similarity:

1. The names are the same. Fairly straight forward. (1 TAC §79.3

2. Names that are deceptively similar. They are not the same but could confuse someone. (1 TAC §79.37)

(1) The difference in the names consists in the use of different words or abbreviations of incorporation or organization;
(2) The difference in the names consists in the use of different articles, prepositions, or conjunctions;
(3) The difference in the names consists in the appearance of periods, spaces, or other spacing symbols that do not alter the names sufficiently to make them readily distinguishable; or(4) The difference in the name consists in the presence or absence of letters that do not alter the names sufficiently to make them readily distinguishable in oral communications.

3. Names that are similar and require a letter of consent. Meaning, if one of the following is true then the similar is acceptable if you get a letter of consent from the other company with the similar name. (1 TAC §79.40 & TAC §79.43)

(1) The proposed name is the same as or deceptively similar to another name except for a geographical designation at the end of the name;
(2) The first two words of the proposed name are the same as or deceptively similar to another name and those words are not frequently used in combination;
(3) The proposed name is the same as or deceptively similar to another name except for a numerical expression that implies that the proposed name is an affiliate or in a series with another entity;
(4) The proposed name uses the same words as another name but the words are in a different order in the names;
(5) The proposed name is the same as or deceptively similar to another name except for an Internet locator designation at the end or at the beginning of the name (e.g., www., .com, .org., net); or
(6) 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.

If you would like help setting up your new business, call Daly & Campbell to set up a phone or office meeting to discuss your specific situation and needs.

Are you are here looking for help? If so, we are here waiting to help you.