Business Name Search in Texas | A Comprehensive Guide

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Conduct a Business Name Search in Texas

Conducting a business name search in Texas is an essential step for entrepreneurs and business owners in starting an LLC in Texas. A business name search helps you identify whether a desired business name is already in use or if it’s unique and available for registration. Additionally, it allows you to gather information on existing businesses, such as their registration details, legal status, and contact information.

Webinarcare Editorial Team will help you conduct a business name search in Texas. You must be guided by all the factors gathered in this article.

How to Conduct a Business Name Search in Texas

What is a Business Name Search?

Business name search in Texas is an essential step for entrepreneurs who want to start a Limited Liability Company (LLC). This search helps them to ensure that the name they have chosen is unique, available, and compliant with state laws. The process of searching for a business name in Texas involves using the Texas business registration system, which allows users to search for registered business names and check for name availability.

Additionally, entrepreneurs also need to check that their chosen name does not infringe on any existing trademarks or copyrights. Conducting a thorough name search helps to prevent legal and branding issues as well as build a strong brand image. In Texas, taking the time to properly search for a business name or trademark can help entrepreneurs to set their businesses up for future success. We reviewed some of the Trademark Services in Texas that will help you with your business name search.

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How to Conduct a Business Name Search in Texas

Before knowing why a business name is necessary, you should now conduct a business name search in Texas. Even in any different business structure, conducting a business name search takes time. However, with the help of the information listed in this article, you will get an easier option in finalizing your business name.

Step 1: Access the Business Entity Search Tool

The Texas Secretary of State website has a Business Center Search Tool to help you choose a name for your business. This tool can help you determine the uniqueness and availability of a name. Also, keeping a list of backup names is helpful so you can choose a last name after a few repetitions. You can also check out the Texas Comptroller of Public Accounts Taxable Entity Search to access the entity search tool.

Step 2: Perform the Search

On the Texas website, check the availability of the proposed business name. The search result will display information about similar businesses if the desired business name is already used. While searching, you can exclude using identifiers such as “LLC” to get more results from different business structures operating under the same name. Conduct extensive research using the provided filters before filing the name with the government.

If you want to register a Trademark in Texas, you can also conduct a trademark search on the United States Trademark Database. Check with the Patent and Trademark Office to see if the chosen name is already in use by someone else.

Choosing a Business Name in Texas

You now conducted a business search in Texas. With what you have searched and listed, you will choose the most suitable business name for your Texas business. When searching for a potential business name, follow these steps:

  1. Brainstorm Ideas: Begin by brainstorming a list of potential names that convey your business’s goals and values, and appeal to your target audience. Consider names that are easy to pronounce, spell, and remember.
  2. Be Descriptive But Not Limiting: Choose a name that gives an idea of what your business does or offers without being too specific or limiting future growth. For example, avoid using a specific location or product type in the name if you plan to expand your business or diversify your offerings.
  3. Check for Availability: Use the Texas Secretary of State’s business name search tool available at the link provided to check if your desired name is already in use by another registered business entity. Remember that the name should be distinguishable from others to avoid potential legal disputes and confusion.
  4. Consider Domain Name Availability: If you plan to have an online presence, check if the desired domain name is available for your website. Ideally, your domain name should match or closely resemble your business name for consistency and easy online recognition.
  5. Conduct a Trademark Search: To avoid infringing on any existing trademarks or intellectual property rights, conduct a thorough trademark search using the United States Patent and Trademark Office’s (USPTO) Trademark Electronic Search System (TESS). This will help you identify any potential conflicts with registered or pending trademarks. You can access the Texas Trademark Search for more detailed information about trademark searches.
  6. Verify Name Requirements: Ensure your chosen name meets the specific naming requirements for your business type, such as including words like “LLC,” “Corp,” or “Ltd.,” if applicable. Refer to your Texas’s business naming guidelines for specific rules and restrictions.

By following these steps and considering the various factors in choosing a business name, you can create a distinct, memorable, and legally compliant name.

Meantime, In Texas, if you do not wish to file your business right away but want to hold the name that you have decided on, then you can reserve your business name for 120 days. You must file a name reservation application in the Texas Secretary of State by mail or online filing to keep the name.

The Texas Secretary of State will review your application and approve the name if it is available and not too similar to any other existing business name. If the name is approved, you will receive a reservation number and an approval letter. When filing the Certificate of Formation in Texas, to form your LLC, you must include the reservation number.

After reserving an LLC name, you must still form the LLC by filing the Certificate of Formation with the Texas Secretary of State. The LLC name, contact information, the names of the LLC’s members, and the name and address of the LLC’s Registered Agent must all be included in the Certificate of Formation.

File your Certificate of Formation online on the Texas Secretary of State Online Services page. You may also download the offline file of the name reservation form and submit it with the processing fee to Texas Secretary of State – Secretary of State, P.O. Box 13697, Austin, TX 78711-3697.

If you are planning to start an LLC in Texas, make sure that you choose a business name that is suitable for your business. It is best to hire a legal expert or an LLC Services that will guide you through the process.

– WEBINARCARE EDITORIAL TEAM

How to File a DBA?

Filing Texas DBA (Doing Business As), a fictitious business name, trade name, or assumed name, allows you to operate your business under a different name than your legal name. The process for filing a DBA varies depending on the state or county of your business. You can select a unique and appropriate name for your business that complies with your Texas naming guidelines. Ensure the name is not misleading or confusingly similar to other businesses in your area. Afterward, you must search your Texas business name database to ensure another business does not already use your desired DBA name. Once you have confirmed the availability of your desired name, you will need to register your DBA with the appropriate Texas Secretary of State. 

The registration process typically involves completing an application form, providing the required information about your business, and paying a filing fee. The required information may include your legal business name, address, ownership structure, and the desired DBA name. Texas requires you to publish a notice of your DBA registration in a local newspaper to inform the public about your new business name. After the notice has been published for the required time, you may need to provide proof of publication to the Texas Secretary of State where you registered your DBA.

In Texas, there are two methods of filling, by mail and in person, which varies by county.

After registering your DBA, update your business records, marketing materials, contracts, and other documents to reflect your new business name. Don’t forget to consult your state or county’s specific DBA filing process, as requirements and procedures may vary.

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Importance of Business Name Search in Texas

Before researching how to conduct Texas business name search, you must know why having a business name is important. 

A business name is important for several reasons:

  • Legal Identity: The business name is the official legal identity of your Texas LLC, which distinguishes it from other businesses. It is a requirement when registering your Texas LLC with the Texas Secretary of State. This legal identity allows your Texas LLC to enter into contracts, open bank accounts, and engage in business activities under its own name.
  • Liability Protection: One of the primary purposes of forming an LLC is to separate the business’s liabilities from its owners’ personal assets. A distinct business name helps establish this separation, reinforcing the limited liability protection the Texas LLC structure provides.
  • Brand Identity and Recognition: A unique and memorable business name is crucial for building a strong brand identity and presence in the market. It helps customers recognize and remember your products or services and differentiate your Texas LLC from competitors.
  • Legal Compliance: When registering an LLC, you must ensure that another registered entity within your jurisdiction does not already use the business name. Choosing a unique and available name is essential for legal compliance and avoiding potential disputes with other businesses.
  • Professionalism and Credibility: A well-chosen business name can convey professionalism and credibility, boosting customer trust and confidence in your products or services. An unprofessional or confusing name, on the other hand, can have the opposite effect and deter potential customers.
  • Marketing and Advertising: Your Texas LLC’s business name plays a significant role in your marketing and advertising efforts. A catchy, memorable name can make your advertising campaigns more effective and increase the likelihood of word-of-mouth referrals.
  • Online Presence and SEO: A chosen business name can improve your Texas LLC’s online presence and help customers find you more easily through search engines. A strategic business name can contribute to better online visibility and higher search rankings by incorporating relevant keywords and optimizing your website for search.

The importance of a business name search lies in ensuring its uniqueness and legal compliance and avoiding potential conflicts with other businesses. This process helps to establish a distinctive brand identity, protect intellectual property rights, and maintain a professional reputation in the market.

Is it Possible for Two Businesses to Have the Same Name?

Under certain conditions, two businesses that do not compete with each other may share the same name. However, you may be trying to impose on the trademark of the other competing business if either of the following occurs:

  • The company operates in the same geographical area, or
  • The company name is federally registered.

Furthermore, suppose a company name is considered famous or well-known, for example, Dior or Chanel. In that case, it has broader protection, and no other business, regardless of industry or location, can usually use the mark.

It’s best to avoid using another company’s name to avoid future legal issues. 

Can I Sell or Buy Someone Else’s Trademark?

Before selling your trademark, you must incorporate it into a business. A trademark cannot be sold if it is only registered as a placeholder for future use. The trademark must be visible on all products you sell.

You can buy another person’s trademark (known as “trademark assignment”), but the process is legally complex and costly. To purchase an existing trademark, you must purchase all company assets, product lines, or the entire business associated with the trademark.

What Should I Do If My Desired Business Name Is Already In Use?

If your desired business name is already in use, consider modifying it to make it unique and distinguishable from the existing business. You can also explore alternative names that still convey the essence of your business and comply with state naming requirements.

What Should I Do After Finding an Available Business Name?

After finding an available business name, you can proceed with the necessary steps to register your business with Texas Secretary of State office. This may include filing formation documents, such as Certificate of Formation or Certificate of Formation – For Profit Corporation, and paying the required filing fees. Additionally, consider registering your business name as a trademark to protect your brand and prevent others from using a confusingly similar name.

FAQs

What is a business name search?
A business name search is the process of checking if a particular business name is available and not already in use by another business.
Do I have to conduct a business name search before registering my business in Texas?
Yes, conducting a business name search is a prerequisite before registering a business in Texas.
Where can I search for available business names in Texas?
You can search for available business names in Texas on the Texas Secretary of State’s website.
How much does it cost to conduct a business name search in Texas?
It’s free to search for available business names on the Texas Secretary of State’s website.
What should I consider when choosing a business name in Texas?
You should consider if your business name is easy to remember, easy to spell, and not too similar to an existing business name in Texas.
Are there any naming restrictions I should be aware of in Texas?
Yes, there are naming restrictions in Texas for business names, such as using prohibited words or misrepresenting your business’s purpose.
What are some prohibited words I can’t use in my Texas business name?
Some of the prohibited words include “bank,” “insurance,” and “university.”
Can I add a corporate identifier to my business name in Texas?
Yes, you’re allowed to add a corporate identifier to your business name in Texas, such as “Inc.” or “LLC.”
How do I know if my business name is available for registration in Texas?
You can check the Texas Secretary of State’s website to see if your business name is available for registration in Texas.
How do I reserve a business name in Texas?
You can reserve a business name in Texas by filing a Name Reservation Application with the Texas Secretary of State.
Can I change my business name after I’ve already registered it in Texas?
Yes, you can change your business name after registering it in Texas by filing an Amended Certificate of Formation with the Texas Secretary of State.
How long does it take to process a name reservation application in Texas?
It usually takes about one business day to process a name reservation application in Texas.
Do I need to file a name reservation application before I can register my business in Texas?
No, it’s not necessary to file a name reservation application before registering your business in Texas.
How long is a name reservation valid in Texas?
A name reservation is valid for 120 days in Texas.
Can I ask someone else to search for available business names for me in Texas?
Yes, you can ask a business lawyer or a business formation service to search for available business names for you in Texas.
Can I trademark my business name in Texas?
Yes, you can trademark your business name in Texas by filing a Trademark Application with the US Patent and Trademark Office.
What should I do if someone is using my business name in Texas?
You should speak to a business lawyer immediately if someone is using your business name in Texas.
What if I want to use a fictitious name for my business in Texas?
You need to file for a Doing Business As (DBA) name in Texas if you want to use a fictitious name for your business.
Can I register more than one business using the same name in Texas?
No, you can’t register more than one business using the same name in Texas.
Can I use a name for my business that’s already being used in another state but not in Texas?
No, you can’t use a name for your business that’s already being used in another state but not in Texas.
Do I need to register my business name as a domain name if I’m planning to have a website?
Yes, it’s recommended that you register your business name as a domain name if you’re planning to have a website.
Do I need a trademark to protect my business name in Texas?
No, you don’t need a trademark to protect your business name in Texas, but it’s recommended for an added layer of protection.
How long does it take for a trademark to be approved in Texas?
It can take up to six months for a trademark to be approved in Texas.
What if my business name is not approved in Texas?
You may need to choose a new name and file another Business Name Application with the Texas Secretary of State.
What if I’m not sure if a certain element of my business name is allowed in Texas?
You should speak to a business lawyer if you’re not sure if a certain element of your business name is allowed in Texas.
Do I need to renew my business name registration in Texas?
No, you don’t need to renew your business name registration in Texas, but you need to file annual reports for your business.
What happens if I don’t conduct a business name search and use an already-registered business name in Texas?
You may face legal action and may be required to change your business name, which could be costly and detrimental to your business.
How do I make changes to my registered business name in Texas?
You can file an Amended Certificate of Formation with the Texas Secretary of State to make changes to your registered business name in Texas.
What if I want to sell my business and its name in Texas?
You should have an attorney draft a contract or purchase agreement to sell your business and its name in Texas.
Why is a business name search important in Texas?
Conducting a business name search can help you make sure that your chosen name is unique in Texas and not already being used by another business.
What resources can I use to conduct a business name search in Texas?
You can use the Texas Secretary of State’s website, as well as a number of online legal and business service providers.
What information do I need to conduct a business name search in Texas?
At a minimum, you will need the name you are considering registering, but it may also be helpful to know the business structure you plan to use and your preferred location within Texas.
How can I tell if a business name is already registered in Texas?
You can use the Texas Secretary of State’s business name search tool to find out if a name is already being used.
Can I use a business name that is similar to one already registered in Texas?
It depends. If the name is too similar and there is a likelihood of confusion among potential customers, it is generally not a good idea.
Can I conduct a business name search for free in Texas?
Yes, you can use the Texas Secretary of State’s website to conduct a search at no cost.
What happens if I choose a name that is already registered in Texas?
You will not be able to register that name for your own business, so it is important to conduct a thorough search to avoid this situation.
Can I reserve a business name in Texas?
Yes, you can register to reserve a name for up to 120 days with the Texas Secretary of State.
How long does it take to register a business name in Texas?
If the name is available and you complete the necessary paperwork, you can typically have your name registered within a few weeks.
Do I need to trademark my business name in Texas?
No, but it can be a good idea if you want to protect your brand and trademark rights.
How do I trademark a business name in Texas?
You can file an application with the USPTO or hire a trademark lawyer to assist you.
How much does it cost to register a business name in Texas?
It costs $25 to register and $2 to reserve a business name in Texas.
How can I make sure my business name is not too similar to others in Texas?
Conducting a thorough search and consulting with a lawyer or legal service provider can help you avoid choosing a name that is too similar to others.
Can I change my business name after I have already registered it?
Yes, you can change your business name by filing a certificate of amendment with the Secretary of State and meeting any other requirements.
Can I apply for a DBA name in Texas?
Yes, you can register a DBA name with your county, although it is not required in Texas.
Can I register a business name online in Texas?
Yes, you can register a name online using the Texas Secretary of State’s website.
What happens if I use a business name that is already trademarked in Texas?
You could be sued for infringement, so it is important to conduct a trademark search before using a name.
Can I use a business name that has been trademarked nationally, but not in Texas?
Yes, you can use a name that is not trademarked in Texas, although a federal trademark generally takes precedence over state registrations.
Can I register a business name through a registered agent in Texas?
Yes, you can use the services of a registered agent to register your business name in Texas.
What do I do if I believe someone is using my business name in Texas?
You can file a lawsuit for trademark infringement and have your lawyer send a cease and desist letter.
Can I register a business name in multiple states at the same time?
No, you would need to register your business name in each state separately.
Can I transfer my business name from another state to Texas?
Yes, you can transfer your business name by filing an application with the Texas Secretary of State.
Can I use a former business name in Texas?
It depends. If the name is no longer being used in Texas, you may be able to reuse it. However, it is important to conduct a search to ensure that nobody else has registered the name in the meantime.
Do I need to register my business name with the Texas Comptroller of Public Accounts?
No, but you must include your business name on certain tax documents.
Can I reserve a name if I’m not planning on registering my business in Texas right away?
Yes, you can register a name for up to 120 days even if you do not plan on registering your business immediately.
What types of businesses need to register their name with the Texas Secretary of State?
All types of businesses, including sole proprietorships, partnerships, and LLCs, must register their business names with the Texas Secretary of State.
Can I register a trade name in Texas?
Yes, you can register a trade name by filing a certificate of formation with the Texas Secretary of State.
Can I use a business name that is not registered in Texas?
Yes, but it may be difficult to protect your rights in the name and establish trademark rights.
Is it possible to search for similar business names in other states if I’m planning to expand outside of Texas?
Yes, you can search for similar business names in other states using the Secretary of State websites or online legal and business service providers.

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Conclusion

Conducting Texas business name search is essential for entrepreneurs and business owners in establishing a unique and legally compliant business identity. This process not only helps to avoid potential legal disputes and ensure compliance with state regulations but also plays a critical role in building a strong brand presence in the market. By utilizing the available resources, tools, and guidelines provided by the relevant state or county agencies, business owners can effectively choose and register a business name that stands out from the competition, resonates with the target audience, and contributes to long-term business success.

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