Starting a new business is exciting, but you'll have some important decisions to make. You want to pick a unique name, adhere to state guidelines, and also avoid any existing trademarks. If you are establishing a business in Texas, you will need to conduct a Texas business search with the Secretary of State to make sure your intended entity name isn't already being used.
Step-by-step guide to conducting a Texas business entity search
To conduct a business entity search for business names in the state of Texas, you will need to visit the Texas Secretary of State website or the Texas Comptroller.
On both of these sites, you may search by varying information including business name, entity number/tax ID, names of executives, and other possible options. The Texas Secretary of State site charges $1 per search and you are required to register on the site before being able to use the search function.
When searching for business entity names, start with broader information terms. Then add more keywords for specificity if your broad search returns too many options. This will help you to find any businesses with the same or similar names to your intended one.
Why conduct a Texas business search?
If you are establishing a business in the state of Texas, you will need to make sure your intended business name is not already in use. Doing a quick internet search using your business name is a good start, followed by a state-specific information search using the aforementioned websites.
In Texas, if you choose a name for your business that is already in use by a competitor in your industry, the Texas Secretary of State will reject your application for your entity name. And if you use the same name as an existing business for your assumed name, you may be found guilty of copyright infringement.
Understanding naming guidelines in Texas
In addition to general rules for choosing your business name, the Texas Administrative Code provides several state-specific rules in your search to find a business name:
- If you intend to use any form of the word Olympic, you must request and present a letter of consent from the United States Olympic Committee.
- Business entities may not include any combination of bank, trust, or trust company unless you contact the Banking Commisioner and obtain a no objection letter from them.
- A business name may not include any word related to college, university, or school unless they have a no objection letter from the Texas Higher Education Coordinating Board.
- A veterans organization must write an approval letter for any entities whose names include the words veteran, legion, disabled, war, or world war if the name indicates the business was created for the benefit of veterans and their families.
Other naming considerations
Even if you've confirmed the business name you want isn't in use, there are other searches to conduct before initiating the business name registration process.
Checking domain name availability
Online presence is vital for successful businesses, and if you select a business name whose domain name is already registered, you may have trouble establishing a solid internet presence. Check the availability of your business domain name through GoDaddy or other internet domain search tools. Additionally, you should do a name search on various social media platforms. If you come across an existing business using your name on these websites, you may want to change your name to distinguish yourself.
Conducting a trademark search
The United States Patent and Trademark Office offers an online trademark search tool. There are several types of information searches, including exact names, words, phrases, and even designs. Use this tool to eliminate any possibility of trademark infringement, which can, at minimum, be a hassle as you establish your business.
Next steps after a successful name search
Once you have done your due diligence and made sure your intended business name is not already taken in the state of Texas, you will need to reserve your business name and register your business.
The Texas Secretary of State website offers a wide variety of information for choosing the best structure for your new business. While the site offers basic summaries of each business structure, it is not a substitute for legal advice.
Reserving your business name
To reserve your business name, you must complete this form and pay the $40 fee which will be held in public accounts. The business name reservation is good for 120 days and may be renewed.
Should you trademark your business name?
There are several considerations for trademarking your business name. Trademarks provide additional protection against another entity operating under your name, as well as some potential liability protection for your assets. Consult a tax or business specialist for more specific information regarding your business.
Register your domain name
Internet presence is essential, so you will want to register your domain name before another entity does so.
Conducting a business name search before going through the process of reserving and registering your business name is essential and can save you both time and money.
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