How to Check to See If a Business Name Is in Use in Texas

Checking a business name requires some research.

Naming a business can be as important as naming a child. A name is an integral part of a business's identity and overall brand, and it is how customers will remember you. When choosing a business name, you also must make sure that it is not already in use. There are many resources available to the new business owner to help her pick the perfect name.

Instructions

1. Understand how Texas business naming law works. Businesses must file an Assumed Name Certificate with the County Clerk's Office in the county where the business is primarily located. Specialty businesses like LLCs must file additional paperwork with the Texas Secretary of State.

2. Search the Internet for the business name. Use databases like the Thomas Register to search for businesses in the industrial sector (see Resources). If the business's trademark is federally registered, search the United States Patent and Trademark Office (see Resources).

3. Contact your local county clerk's office to see if anyone has registered a DBA (doing business as) for that business name.

4. Contact the Texas Secretary of State to see if the business name is in their database (see References). While the Secretary of State offers searches by phone, fax, email and online access, be aware some methods require a fee.

Tips & Warnings

• Be aware that businesses may have the same name, provided they have a very different product or service.

• Attempting to use a trademarked name can result in a lawsuit and being forced to change your business name.

References

• Texas Secretary of State: Public Information
• Business: Starting a Business in Texas
• University of Texas at Austin: Where to Find Business Names: DBA, Inc., Trademarks, Service Marks

Resources

• Thomas Net: Homepage
• United States Patent and Trademark Office: Trademarks Home