How to Choose the Right Business Name in Texas

Choosing the right business name is one of the first steps in starting a company in Texas. Your business name sets the tone for your brand, impacts your marketing, and must also meet state requirements. Picking the wrong name can lead to delays, legal issues, or confusion with competitors. While choosing the name of your new business can be exciting, there is more to it than finding something that rolls off the tongue. Let an experienced business formation lawyer review your options.

Understand Texas Naming Rules

Before settling on a business name, it’s important to understand Texas’s legal requirements. The name must be distinguishable from existing entities registered with the Texas Secretary of State. It cannot imply that your business is engaged in unlawful activities or offers services requiring special licensing unless you are properly authorized to do so. If you’re forming an LLC, corporation, or other formal entity, the name must include a proper designator like “LLC” or “Inc.” Additionally, certain words—like “university,” “trust,” or “bank”—may be restricted and require prior approval. You must always verify your name meets these standards before filing. Thankfully, an attorney can help with that.

Check Availability

Once you’ve chosen a potential business name, the next step is to make sure it’s available. Start by searching the Texas Secretary of State’s online business name database to confirm that no other registered entity is using the same or a confusingly similar name. You can also check the Texas Comptroller’s taxable entity search to spot any unregistered business names in use.

Beyond state databases, you may also look at the U.S. Patent and Trademark Office (USPTO) to ensure the name isn’t federally trademarked. Don’t forget to check domain name availability and social media handles to keep your brand consistent across platforms. If the name is available and you’re not quite ready to form your business, consider filing a name reservation to secure it for up to 120 days.

Registering Your Business Name

After confirming your name is available, the next step is to register it with the Texas Secretary of State. If you’re forming a legal entity like an LLC or corporation, your business name will be officially registered when you file your Certificate of Formation.

If you’re a sole proprietor or operating under a name different from your legal name, you’ll need to file an Assumed Name Certificate (also known as a DBA) with the county clerk or the Secretary of State, depending on your structure. This is the case even though you do not technically have to register your business with the state.

Discuss the Name of Your Business with J Nichols Law, PLLC

Picking the name of your new business is only the first step toward getting your company up and running. Reach out to J Nichols Law, PLLC, right away to discuss your options.