To check if a business name is taken in Texas, run it through the Secretary of State’s SOSDirect database for $1 per search, then check county assumed name (DBA) records, the federal trademark database at the USPTO, and domain name availability. Each of those systems is independent, so a name that clears one can still be in active use in another.
Start With a Free Phone Check
Before spending anything, call the Texas Secretary of State’s Corporations Section at (512) 463-5555, or email them, for a preliminary determination. A staff member will tell you whether your proposed name appears to conflict with an entity already on file. It isn’t a guarantee, and the answer can change between the call and your filing, but if your first choice is obviously taken, you’ll know without paying the SOSDirect fee.
Search the SOSDirect Database
SOSDirect is the Secretary of State’s online portal for entity searches and filings. Each search costs $1, and the database updates in real time, so results can shift within seconds as other filings come in.
Enter your proposed name and read every result. The system recognizes some equivalents on its own: searching “USA” also pulls “United States,” “U.S.A.,” and “US,” and “Manufacturing” also returns “MFG” and “Manufacturers.” It won’t catch every variation, though, so run the search several ways. Try singular and plural forms, common abbreviations, and alternate spellings. If your name contains a city or county, run it once with the geographic word and once without, because geographic terms get special treatment under the availability rules.
What SOSDirect actually covers is narrower than most people assume.
- Included: active entity names, fictitious names of foreign entities, name reservations, and name registrations.
- Not included: assumed names (DBAs), prior names of active entities, names of inactive entities, trademarks, common law trade names, and LLP names.
That second list is where filers get burned. A name can look available on SOSDirect and still be in active use as a DBA, a state trademark, or an entity’s prior name. Treat SOSDirect as the starting point, not the finish line.
What “Distinguishable” Means in Texas
Texas law requires your entity name to be “distinguishable in the records of the secretary of state” from every existing entity name, registered foreign entity name, and reserved or registered name on file. The Secretary of State has broad discretion here, and the bar is higher than most people expect.
These kinds of tweaks generally aren’t enough on their own:
- Adding or removing articles and conjunctions. “The Truck Stop” reads the same as “Truck Stop.” “Texas Cowboys” reads the same as “The Texas Cowboys.”
- Changing punctuation or spacing. “A.F.G. Consulting” reads the same as “AFG Consulting.” “Crossroads Productions” reads the same as “Cross Roads Productions.”
- Minor spelling variations. “Texxas Strong” reads the same as “Texas Strong.” “Going Strong” reads the same as “Goin’ Strong.”
There are limits to how far this stretches. “Got Ham” is distinguishable from “Gotham,” and “XX Tires” is distinguishable from “X Tires,” because those differences meaningfully change the name rather than just its appearance.
If your preferred name sits close to an existing one, Texas law offers a path through. The existing entity can file a notarized written consent with the Secretary of State allowing you to use the similar name. Consent doesn’t help if the Secretary of State determines the two names are identical rather than merely similar.
Check Assumed Names at the County Level
An assumed name, commonly called a DBA, is any name a business uses publicly that differs from its legal name. Sole proprietors operating under anything other than their personal name, and formal entities marketing under a different brand, both need an assumed name certificate. Where you file depends on your structure:
- Sole proprietors, general partnerships, joint ventures, and estates file with the county clerk in each county where they maintain a business office.
- Corporations, LLCs, limited partnerships, and other formal entities file with the Texas Secretary of State.
Filing an assumed name certificate with the Secretary of State costs $25. County fees vary; contact the county clerk’s office for the exact amount.
Because SOSDirect doesn’t include assumed names, you have to check separately. Many county clerks run online search portals, but the quality and coverage differ from county to county. For entity-level assumed name filings held at the state, you can call the Corporations Section and ask whether a particular assumed name is already on file.
One wrinkle worth understanding: an assumed name filing does not block someone else from registering a similar legal entity name, and a legal entity registration does not block someone from filing a similar DBA. The two systems run independently, which is exactly why both need to be checked.
Run a Federal Trademark Search
A name available for entity registration in Texas can still infringe a federally registered trademark. Federal trademarks apply across the entire United States and its territories, and they override state-level name registrations. Discovering the conflict after you’ve printed signs, built a website, and ordered business cards is one of the more expensive mistakes a new owner can make.
The USPTO’s trademark search tool is free at tmsearch.uspto.gov. Two marks don’t have to be identical to conflict; they only have to be similar enough in sound, appearance, or meaning to cause confusion. The USPTO uses the example that “T. Markey” and “Tee Marquee” would be considered confusingly similar because they sound alike, even with different spellings.
A state trademark registered with the Texas Secretary of State only protects your name within Texas. If you plan to do business across state lines or sell online nationwide, federal registration provides much broader protection. Texas state trademark applications go through Form 901.
Check Domain Names and Social Media Handles
Entity registration, trademark registration, DBA filings, and domain names are all legally independent. Registering an LLC name in Texas gives you no right to the matching .com or social handle. Someone else could already own YourBusinessName.com with no entity registration at all.
Search your proposed name on the major domain registrars and on each social platform you plan to use, and do it early. If the .com and the handles you want are gone, you have a choice to make: pick a different name, try to buy the domain, or accept that your online presence won’t line up with your legal name. Most small businesses aim to keep all of these consistent, but nothing legally requires it.
Restricted Words and Required Suffixes
Some words will get your filing rejected outright, or force a later name change if they slip through:
- “Lotto” and “Lottery” are completely prohibited in any entity name.
- Words implying the business benefits war veterans or their families, including “veteran,” “legion,” “disabled,” and “war,” cannot be used unless a recognized veterans organization provides written approval.
- Any name that falsely implies a connection to a government entity is prohibited.
- Your name cannot suggest you’re in a business you’re not legally authorized to conduct. A company that isn’t a licensed bank cannot use “bank” in a way that implies banking services.
Entity suffixes matter too. An LLC’s name must contain “limited liability company,” “limited company,” or an abbreviation such as “LLC” or “L.L.C.” Corporations must include a word or abbreviation indicating corporate status. The suffix is part of the legal name and affects distinguishability, so “Acme LLC” and “Acme Inc.” can coexist because they indicate different entity types. That doesn’t mean the overlap is a good idea from a marketplace standpoint.
Reserve the Name Once It Clears
If the name is available but you aren’t ready to file your certificate of formation, reserve it. An application for name reservation (Form 501) costs $40 and holds the name for 120 days. In the 30-day window before it expires, you can renew for another 120 days by filing a new application and paying another $40, with no cap on renewals.
A reservation blocks anyone else from registering an entity with the same or indistinguishable name during that period. If your formation is going to take more than a few weeks, whether you’re waiting on a partner agreement, financing, or a professional license, $40 is cheap insurance against losing the name to someone faster.
If the Name Is Already Taken
A conflict isn’t automatically the end of the name. Depending on what kind of conflict you’re facing, you have a few options:
- Ask for written consent. If the existing entity agrees, it can file a notarized consent letter with the Secretary of State allowing you to use a similar (but not identical) name.
- Modify the name meaningfully. Small tweaks like adding “The” or changing punctuation won’t get you there, but a genuinely different word or concept added to the name might. Run the modified version through SOSDirect before getting attached to it.
- Use the name as a DBA. If the conflict is only at the entity level, you can register your LLC under a different legal name and file an assumed name certificate for the brand name you actually want, as long as it doesn’t infringe an existing trademark.
- Pick a different name. Sometimes the cleanest path is starting over. A name that clears entity records, trademark databases, and domain registrars will save you legal headaches later.