Business name search · Texas
How to check and reserve a business name in Texas
Texas decides name availability on one question: is your name distinguishable in the records of the Secretary of State from every entity, reservation, and registration already on file? Here's how to check that record yourself, and how to hold a name once it clears.
The rule Texas applies
Under Texas Business Organizations Code §5.053, the name of a filing entity (LLC, corporation, LP, and so on) must be distinguishable in the Secretary of State's records from: existing Texas filing entities, foreign entities registered in Texas (including their fictitious names), registered series of Texas LLCs, and any existing name reservation or registration.1
What counts as "distinguishable" is spelled out in the state's administrative rules, Texas Administrative Code, Title 1, Part 4, Chapter 79, Subchapter C. Differences like punctuation or an entity suffix ("LLC" vs. "Inc.") generally are not enough on their own; read the rules if your name is close to an existing one.1
Three ways to check availability
1. Free: the Comptroller's Franchise Tax Account Status Search
The Comptroller search is a preliminary check of franchise-tax records. It is not the Secretary of State’s complete name-availability record. A name missing from this search is not necessarily available.
2. SOSDirect entity search
SOSDirect searches the Secretary of State’s records. It is normally available around the clock, subject to maintenance, and the state currently lists a $1 fee per search. Check the system’s current notices before using it.
3. Ask the Secretary of State for a preliminary determination
The Corporations Section will give a preliminary opinion on availability by phone at (512) 463-5555 or by email.1 Two important limits, in the state's own words: a final determination is only made when your document is actually processed, and the state warns, "Do not make financial expenditures or execute documents based on a preliminary clearance."1
Name clearance is not trademark clearance. The Secretary of State accepting your name does not give you the right to use it in violation of someone else's trademark. Search the USPTO database and Texas trademark records separately.1
Reserving a name before you file
- A Texas name reservation holds a name for 120 days, filed with Form 501 or through SOSDirect when the service is available.1
- Reservations are generic, a name reserved "for a corporation" can be used to form an LLC or any other filing entity.1
- You can renew by filing a new application during the 30 days before your current reservation expires, and withdraw early with Form 507. There is no limit on how many times a name can be re-reserved.1
- Filing fees are set by the state and change occasionally, check the current amount on the SoS forms page (each form's instructions state its fee) before you file.
Operating under a different name (DBA)
Texas calls a DBA an assumed name. Corporations, LLCs, LPs, LLPs, and other entities listed in the Secretary of State’s FAQ file with that office using Form 503. Sole proprietors and general partnerships generally file with the applicable county clerks. The certificate is a disclosure filing, not a reservation or a grant of exclusive rights.
If the name is taken but dormant
An inactive status alone does not tell you whether you can use a name. Ask the Secretary of State about the specific record. The state’s reinstatement instructions contemplate entities whose former names have become unavailable, so a historical record and an active name restriction are not the same thing.
Sources
- Texas Secretary of State, Name Filings FAQ (accessed 2026-09-11), distinguishability standard, preliminary determinations, reservation term, renewal window, Forms 501/507.
- Tex. Bus. Orgs. Code ch. 5, §5.053.
- Texas Comptroller, Franchise Tax Account Status Search (accessed 2026-09-11).