How to Get a DBA Name in Texas | A Step-By-Step Guide

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Get a DBA Name in Texas

Have you ever wondered how to get a DBA for your Limited Liability Company? If you have, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in Texas. A DBA name allows companies to operate under a name different from their legal business name since it is important for branding, marketing, and legal purposes. In this article, we will provide a comprehensive guide to getting a DBA name in Texas.

Through thorough research and market study, Webinarcare Editorial Team will help you learn about the DBA name. It would be best to cross-check all the factors before obtaining one for your Texas business.

How to Get a DBA Name in Texas

What is a DBA Name?

A DBA (Doing Business As) name in Texas is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to start a limited liability company in Texas, and market themselves under a separate name from their legal business name. Registering a DBA name in Texas, provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state.

Example of a DBA

A DBA (Doing Business As) example can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

If you start an LLC in Texas, registering a DBA name is important when it comes to remembering your business. However, it is best to consult with a legal professional before you begin registering your DBA name. This is to ensure that your business name is available in Texas.

– WEBINARCARE EDITORIAL TEAM

How to Get a DBA Name in Texas

Starting a business in Texas can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps to get a DBA in Texas.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services. 

Consider the following tips when choosing a DBA name in Texas:

  • Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
  • Stay away from names that may be considered offensive or misleading.
  • Research Texas naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

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Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting Texas Business Name Search is essential to ensure the name is not already used. In Texas, they have an online business name database that you can search, usually found on the Texas Comptroller of Public Accounts Taxable Entity Search. Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. In Texas, you will need to complete a DBA registration form, which can often be found on Texas Secretary of State website. Texas may require additional documentation, such as proof of business ownership or a business license in Texas.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

A fee is typically associated with registering a DBA name. In Texas, there are two methods, by mail and in person. The cost of filing a DBA varies by county. However, renewing your DBA every ten years would be best. Sometimes, there may be separate fees for Texas DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

Texas requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name. 

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to Texas or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Texas business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

  • Business License: A general business license may be required in Texas to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Texas, the costs of obtaining a business license range from $50 – $300.
  • Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from Texas Comptroller of Public Accounts.
  • Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from Texas state board. DBA filing requires professional licenses if you operate under a General Partnership in Texas. 
  • Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
  • Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
  • Environmental Permits: If your business involves activities that could impact the environment, you may need permits from Texas state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Texas, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published, it is essential to maintain it to remain in good standing with Texas. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on Texas’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
  • Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
  • Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in Texas the same as a Trade Name?

Yes, in Texas, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in Texas may vary depending on the type of business and the state’s specific regulations.

Do I need to register my Texas DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in Texas with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of Texas. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Texas, you may need to obtain an Employer Identification Number (EIN) in Texas from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have Texas Registered Business Name?

If you already have a registered business name in Texas and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name. 

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name?
DBA stands for “Doing Business As”, which means a business or person is conducting their activities under a different name.
Do I need to register a DBA name in Texas?
Yes, if you are doing business in Texas under a name that is not your own or your business name, then you need to register a DBA name with the state.
What are the requirements for registering a DBA name in Texas?
You will need to submit a completed application, pay the required fees, and provide proof of ownership of the name you want to register.
How much does it cost to register a DBA name in Texas?
The fee for registering a DBA name in Texas varies by county, but ranges from approximately $10 to $50.
How long does it take to register a DBA name in Texas?
It can take anywhere from a few days to several weeks to register a DBA name in Texas, depending on the county.
Can I apply for a DBA name in Texas online?
Yes, most counties in Texas offer online registration for DBA names.
Can I register a DBA name in Texas as an individual?
Yes, an individual can register a DBA name in Texas.
Do I need a lawyer to register a DBA name in Texas?
No, you do not need a lawyer to register a DBA name in Texas, but it is always helpful to consult with an attorney if you have any legal questions.
How do I search to see if the DBA name I want to use is already taken?
You can search the Texas Secretary of State’s website to check if the name is available.
Do I have to publish my DBA name in a newspaper in Texas?
Yes, you may be required to publish your DBA name in a newspaper in the county where your business is located.
How often do I need to renew my DBA name registration in Texas?
You typically need to renew your DBA name registration every 10 years in Texas.
Can I change my DBA name after it is registered in Texas?
Yes, you can change your DBA name in Texas by filing an amendment to your registration.
Can I use a DBA name in Texas without registering it?
No, you cannot use a DBA name in Texas without registering it with the county where your business is located.
Do I need a separate DBA name registration for each location of my business in Texas?
Yes, if you have multiple locations for your business in Texas, you will need to register a DBA name for each location.
Do I need to re-register my DBA name if I move my business to a different county in Texas?
Yes, if you move your business to a different county in Texas, you will need to re-register your DBA name in the new county.
What happens if someone else in Texas is using the same DBA name as me?
You may need to change your DBA name to avoid confusion or legal issues.
Can I trademark my DBA name in Texas?
Yes, you can trademark your DBA name in Texas if it meets the requirements for a trademark.
Can I register my DBA name with the Texas Secretary of State?
No, you must register your DBA name with the county clerk in the county where your business is located.
Is it mandatory to register a DBA name in Texas?
Yes, it is mandatory to register a DBA name in Texas if you are conducting business under a name that is not your own or your business name.
Can I have multiple DBA names in Texas?
Yes, you can have multiple DBA names in Texas as long as you register them in the counties where your business is located.
What type of businesses need to register a DBA name in Texas?
Any business that wants to conduct business under a name that is not their own or their business name, needs to register a DBA name in Texas.
How do I find the county where I need to register my DBA name in Texas?
The county where you need to register your DBA name in Texas is typically the county where your business is located.
Can I register a DBA name in Texas without a physical location?
No, you cannot register a DBA name in Texas without a physical location within the state.
Can I operate under a DBA name without incorporating my business in Texas?
Yes, you can operate under a DBA name without incorporating your business in Texas.
How long does a DBA name last in Texas?
A DBA name typically lasts for 10 years in Texas before it needs to be renewed.
Can I use my social security number to register a DBA in Texas?
No, you need to have a tax identification number to register a DBA in Texas.
What happens if I don’t register a DBA name in Texas?
If you do not register a DBA name in Texas and you are doing business under a name that is not your own or your business name, you may face legal consequences.
Do I need to disclose my DBA name to my customers in Texas?
Yes, you may be required to disclose your DBA name to your customers in Texas if it is different from your business name.
Do I need a DBA in Texas?
You need a DBA in Texas if you plan on conducting any business under a name that differs from your legal name.
How much does it cost to file a DBA in Texas?
It costs $25 to file a DBA in Texas.
How long does it take to get a DBA in Texas?
It only takes a few business days to file and receive your DBA in Texas.
Can you have multiple DBAs in Texas?
Absolutely. One person can have several DBAs in Texas as long as they’re not already registered by someone else.
Can a business be created with just a DBA in Texas?
No, you’ll still need to register for a business structure such as a sole proprietorship or LLC in Texas.
Is a DBA name in Texas the same as a trademark?
No, a trademark provides broader protection than a DBA. If you want federal protection for your business name, you’ll need a trademark.
Can I get a DBA for my online business in Texas?
Yes, as long as you’re conducting a business that’s based in Texas, you can get a DBA for your online business.
Can a non-citizen file for a DBA in Texas?
Yes, a non-citizen can file for a DBA in Texas as long as they have the requisite identification.
What if someone tries to register my DBA name in Texas?
If someone files for a name that’s substantially similar to your name within the same class of goods or services, they’ll have to change it.
Can I change my DBA name in Texas?
Yes, you’re able to change your DBA name to something else as long as it’s available.
Do I have to renew my DBA name in Texas after a certain amount of time?
Yes, you’ll need to renew your DBA in Texas every 10 years.
What happens if I don’t renew my DBA in Texas?
If you don’t renew your DBA in Texas and someone else tries to register it, they may be able to secure the name instead.
Is it required to put “LLC” or “Inc” in my DBA name?
No, it’s not required to have “LLC” or “Inc” in your DBA name.
Can a business operate under a DBA in Texas if they operate outside of the state?
Yes, as long as the business has a location in Texas, you can operate under a DBA name within the state.
Do I need a DBA if my business is my personal name?
No, if your business functions under your legal name, you don’t need a DBA in Texas.
Can a partnership get a DBA in Texas?
Yes, a partnership can get a DBA in Texas as long as all partners consent.
Do I have to put my partner’s name in the DBA name in Texas?
No, it’s not required you put your partner’s name in the DBA name in Texas.
Do I need a specific form to file a DBA in Texas?
Yes, there is a specific form — Form 503 — you’re required to fill out to file a DBA in Texas.
Can I trademark a DBA name in Texas?
Yes, you can trademark a name for the purpose of branding and marketing in Texas.
Can I file for a DBA online in Texas?
Yes, you can file for a DBA online in Texas.
Does a DBA name protect me from lawsuits in Texas?
No, a DBA does not provide legal protection from lawsuits themselves. However, you can use the DBA name to enhance your brand and make it discoverable through online searches.
What are some popular naming conventions for Texas DBAs?
Good naming conventions for Texas DBAs include using descriptive words that speak to your business. For example, if you have a lemonade stand business, using names like Sweet Lemonade or Texas Fresh Lemonade would be helpful.
Do I need to post any printed materials after I get a DBA in Texas?
Yes, you’re required to show proof that you’ve registered “Assumed Name Certificate” in your county newspapers over 3 contiguous days for effective publicity purposes.
Can two businesses have the same DBA name in Texas?
No, two businesses cannot have the same DBA name That’s why it’s advised that applicants spend an ample amount of time researching DBA names that are readily available.
Can a business use one DBA for multiple products/services?
Yes, a Texas business can use one DBA to cover across designs or throughout all service paths.
What if my DBA is rejected in Texas?
If your DBA name for the purpose of registering for your Texas business is rejected, then you would undergo the appropriate methods to reassess why your application was not accepted.
When should I apply for a DBA name in Texas?
You should apply for a DBA before you begin using the new business name but once you’re ready to conduct a business under the decided-wording. Applied before starting your activity, DBAs in Texas take only sever friendly dates without any delay.
What if someone else is using my DBA in Texas?
The person or business making their claim on the DBA should refer their allegations to the Secretary and State Office in Texas where a thorough investigation will be conducted in Michigan relevant to the outcome.

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Conclusion

Getting a DBA name in Texas is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in Texas and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Texas’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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