Conducting a Texas Business Name Search

Why do you need to do a business entity search?

To submit a  Texas LLC application, you must choose a unique name that no other entity has registered with the Texas Secretary of State, including foreign businesses operating under a fictitious name.

If you don’t do a business entity search and file your LLC Certificate of Formation (Form 205) using a name already in use, the state could reject your LLC formation application, which has a $300 filing fee.

Then you’ll be back at square one, having to come up with a new business name and file again. 

Texas state naming guidelines

Another reason the Texas Secretary of State might reject your name application is not complying with the Texas naming guidelines, which include:

• Mandatory inclusions: Your name must include the terms limited liability company or limited company or an abbreviation like LLC, L.L.C., LC, L.C. or Ltd. Co.
• Restricted words: Your name can’t suggest that your business is a government agency.
• Restricted or approval words: Some words need approval or are restricted by law. For example, names with “bank” or “trust” need approval from the banking regulator, and words like “college,” “university” or “Olympic” are restricted.
• Distinguishable: Your name must be distinguishable from other names on file with the Secretary of State, including reserved names (BOC §5.053). The rules for what counts as distinguishable are in 1 TAC ch. 79.

Conducting a business name search in Texas: Step-by-step guide with tips

You must file your LLC with the Texas Secretary of State, who lists all registered entity names and whether they are active or dissolved.

You check that list to ensure your chosen name is available in Texas by running a business name search.

Here’s how:

Perform a Texas entity search

You can conduct an online Texas business entity search in 2 ways:

• Use the Secretary of State’s SOSPortal to search business records. You need an account, and each search costs $1.
• Visit the Texas Comptroller website, which enables you to search for Texas taxable entities.

For our example, we’ll use the Texas Comptroller:

Texas Comptroller’s taxable entity search tool website

First, visit the Comptroller’s website, which will bring you to the page below, where you’ll see an entity name search box. 

Type your chosen LLC name into that box (I’ll use Texas Car Wash as an example) and click search:

Reviewing the results

The taxable entity search results page shows any registered entities that match your search query along with the business name, Taxpayer ID number, and Zip code.

If you’re specifically checking LLC details, like whether a company is active, dissolved, or who its registered agent is, you can perform a Texas LLC lookup to access complete entity information directly from the Secretary of State’s records.

Next, click the entity name you’d like to review for further information, including the entity’s current status (active or inactive), mailing address, state of formation, Texas SOS file number (a number given to a registered entity by the Texas Secretary of State), and registered agent contact details.

The Comptrollers’ site shows the company’s current status as “whether it has the right to transact business in Texas.”

Pro tip:

You can call the Secretary of State at (512) 463-5555 to request their preliminary decision on your name’s availability. You can also email [email protected]. However, the SOS office can only make their final decision after processing your application. 

DBA/assumed name

A DBA (Doing Business As), an assumed name in Texas, is a name other than your registered LLC name you can use to promote your business.  

Texas doesn’t check assumed names for conflicts, so a quick Texas DBA name search helps you avoid a name another business already uses.

To register a DBA for an LLC, file Form 503 (Assumed Name Certificate) with the Secretary of State online through SOSPortal or by mail to P.O. Box 13697, Austin, TX 78711-3697. The fee is $25 (check or money order by mail).

What can you do once you have an available business name?

Now that you have an available Texas LLC name, you can check its online availability and ensure another company has not trademarked it. 

You can also reserve your new LLC name in Texas to ensure no one else registers it. 

Consider name reservation

You can reserve your new business name online through SOSPortal or by mail with the Application for Reservation of an Entity Name (Form 501). A reservation lasts 120 days, and you can renew it during the 30 days before it expires ($40).

Texas registration fees:

• Reserve a business name: $40.
• Form a Texas LLC: $300 (Certificate of Formation).
• File a DBA: $25.

Include all fees in your business financial plan to keep your LLC in Texas cost under control.

Consider trademarking your name

Once you confirm your name’s availability and reserve it, you can apply for a trademark to secure it nationwide.  

To avoid trademark infringement, begin by running a name search using the federal trademark database to confirm another business (or person) hasn’t already “marked” your new LLC name.

Register your trademark with the United States Patent and Trademark Office, or with the Texas Secretary of State for protection in Texas only. 

Consider domain registration

Most new businesses (including physical ones) need an online presence that often includes a Google Business Profile, social media platforms, and a website.

Here’s where choosing an LLC business name available as a domain and on your social platforms can help establish an effective branding strategy. 

Confirm your name’s availability as a domain using a domain site like GoDaddy and perform a name search on your chosen social media platforms. 

If your name isn’t available as a domain and unavailable on social media, consider changing it before registering your LLC with the Texas Secretary of State office. 

Conclusion

Registering a name with the Texas Secretary of State is easy once you comply with the state’s naming requirements and confirm availability.

Remember, if you’re not ready to form your LLC, you can reserve your name online through SOSPortal for 120 days. 

FAQ