Q: Can you please tell me which places I can check to see if a name has been taken?
Thank you to a client in Texas for this question! Texas does provide a database you can search to see if your desired LLC name is already taken. However, it won’t show you all the similar business names. This is important, because one of the most vital—and often frustrating—aspects of naming your LLC is making sure its distinguishable from other registered business names in the state (including foreign registrations and foreign fictitious names). Continue reading to find out how you can make sure your name is distinguishable (and available!), and how to follow all other naming conventions required by the state of Texas.
1. Make sure your Texas LLC name is distinguishable
Determining whether your Texas LLC name is distinguishable enough from other names in the public record may seem subjective—and, technically, it is. Ultimately, the Texas Secretary of State determines whether or not your desired name is different from enough from all others to be included in the public record. But Texas statutes provide guidelines you can use to help you determine whether or not the state will accept your LLC name.
What do Texas statutes say about making business names distinguishable?
According to 1 TX Admin Code § 79.38, there are six main considerations to keep in mind when making your business name distinguishable:
- At least one word in your name must be different from existing names (adding an article like “the” doesn’t count)
- Key words can be used in a different order (like “Garden Cactus” vs. “Cactus Garden”)
- A key word can use a variation of the same root word (using “Product” vs “Production”)
- A key word can carry the same meaning as a key word in another name, but be in another language (like “Fresh Water” and “Agua Fresca,” however “El Rodeo” is considered the same as “Rodeo”)
- The sound of your name can be similar to another, as long as the meaning is different (like Pines Photo Services vs. Pine’s Photo Services, but using “1” instead of “one” won’t work)
- The addition or subtraction of prepositions must change the meaning of your name (like “Food from Fort Worth” vs. “Food for Fort Worth,” but substituting “to” for “toward” won’t work)
2. Check the availability of your Texas LLC name
While it’s not necessary to make sure your LLC name is available, it could save you time (and prevent a few headaches) to verify your desired LLC name with the Texas Secretary of State’s online business records. There are two ways to do this:
- Use the Texas Taxable Entity Search
- Contact the Texas Secretary of State
How do I use Texas’s Taxable Entity Search?
The Texas Taxable Entity Search allows you to enter a specific name into a search field and see if turns up in the public record. If it does, you’ll know you need a new name. If it doesn’t, you’ll only know that that specific name isn’t part of the public record—but you won’t necessarily know whether or not it’s distinguishable enough from other business names, and thus available for use. This is when it might be helpful to contact the Texas Secretary of State directly, and someone will give you feedback on your desired name.
What’s the contact information for the Texas Secretary of State?
You can reach the Texas Secretary of State’s office either by phone or by email.
By Phone: (512) 463-5555 (then dial 7-1-1 for relay services)
By Email: [email protected]
What can I do if my desired LLC name is already taken in Texas?
You’ll have to change your name to something similar but distinguishable from the existing name, based on Texas’s Admin Code (see: 1 TX Admin Code § 79.38). However, you can also file for a fictitious name in Texas (also known as a DBA). That will allow you to use your desired LLC name while operating your business, even if your legal name (the name filed with the state) is different.
3. Follow all other Texas LLC naming conventions
Your LLC name must abide by all Texas naming conventions listed in 1 TX Admin Code. In addition to making sure your name is distinguishable, you’ll also need to make sure your name:
- Uses “Limited Liability Company,” “LLC,” or “L.L.C.”
- Uses only letters, numbers and symbols that can be found on a standard English language keyboard
- Does NOT falsely indicate affiliation with a government entity or imply it is an “insurance” or “bail bond” company
- Does NOT use words that reference regulated organizations or fields, like “Olympics,” “bank,” “university,” or “veteran”
- Is NOT “grossly offensive” (what’s deemed offensive is ultimately up to the state, but you can probably use your good judgment with this one)