Texas Business Name Search: How to Check and Reserve a Name

Texas Business Name Search: How to Check and Reserve a Name

Texas Business Name Search: How to Check and Reserve a Name

Before you file a single document or open a bank account, you need to know one thing: is your business name actually available? A Texas business entity search is not optional, it's the foundation of every legal business formation. If you skip this step, you could file your LLC or corporation, spend weeks building your brand, and discover someone else already owns your name. That scenario costs money to fix.

This guide walks you through the exact steps to check availability and reserve your Texas business name, whether you're forming an LLC, corporation, or sole proprietorship. You'll learn what the Secretary of State requires, what mistakes to avoid, and how long the whole process takes.

Why a Business Name Search Matters

Texas requires that your business name be "distinguishable in the records" of the Secretary of State from any existing filing entity, name reservation, or registered business. That means you can't just pick a name you like and hope nobody else has it. The state's job is to prevent duplicate names; your job is to verify availability before you invest time and money into a business you can't legally form with that name.

A name search also protects you from trademark conflicts. While the Secretary of State only checks against other business filings in Texas, another company could own your desired name nationally as a trademark. A business name search won't catch those, but it's worth a separate trademark search before you commit to branding and marketing.

Materials and Resources You'll Need

For a Texas business entity search, you'll need:

  • Your proposed business name (or multiple names to try, in order of preference)
  • Internet access to reach the Secretary of State website
  • A phone line (optional, for a preliminary verbal check)
  • A credit or debit card (if you decide to reserve the name)
  • SOSDirect account (free to create, required for online name reservation)
  • $40 reservation fee (if you want to reserve the name for 120 days)

All the tools you need are free to access through the Texas Secretary of State website at https://www.sos.state.tx.us/corp/index.shtml.

Step-by-Step Instructions

Phase 1: Do a Preliminary Name Check (Free)

Step 1: Call the Secretary of State

Before you spend any time online, you can make a quick phone call to confirm your name is available. Call the Texas Secretary of State at (512) 463-5555 during business hours. A staff member can tell you if your proposed name appears to be available. This is completely free and takes about five minutes. Have your business name written down and ready.

Write down the staff member's name and the date of the call. If they say your name is available, that's not a guarantee, but it's a good sign. If they say it's taken or too similar to an existing name, ask them what names are close to yours. This helps you brainstorm alternatives on the spot.

Step 2: Understand Texas Name Requirements

Before you search, make sure your proposed name meets these Texas-specific rules:

  • Organizational designation required: If you're forming an LLC, your name must include "Limited Liability Company," "Limited Company," "LLC," "L.L.C.," "LC," or "L.C." If you're forming a corporation, you'll need "Corporation," "Corp.," "Incorporated," "Inc.," or similar.
  • Distinguishable from existing filings: Your name cannot be identical or confusingly similar to another business already registered with the Secretary of State.
  • No unauthorized purposes: You can't use language that implies your business will do something it won't (e.g., "Texas Bank" if you're not a bank).
  • No false government affiliation: Don't suggest your business is connected to any government agency.

If your name includes a person's name, initials, or abbreviations, that's allowed. You can also use location names (like "Houston" or "Dallas") as long as the full name is still distinguishable.

Phase 2: Official Secretary of State Business Entity Search (Free)

Step 3: Access the Official Search Database

Go to the Texas Secretary of State's business search portal at https://www.sos.state.tx.us/corp/searches.shtml. This is the official database for all active business filings in Texas.

You'll see several search options. The "Business Entity Search" is the one you need for checking LLCs, corporations, partnerships, and other registered entities.

Step 4: Run Your Search

Enter your proposed business name in the search box. Start with the exact name you want. The database will return any exact matches or very similar names already registered. Read through the results carefully. Pay attention to:

  • The entity type (LLC, corporation, partnership, etc.)
  • The current status (active or dissolved)
  • Whether the name is already reserved

If you find an exact match with an active status, that name is taken. Do not try to register it, the Secretary of State will reject your filing.

If you find similar names, read them carefully. "Blue Sky LLC" and "Blue Sky Consulting LLC" are different. "Blue Sky LLC" and "Bluesky LLC" are different. But the Secretary of State may reject names that are too similar if they cause confusion. When in doubt, try alternative names.

Step 5: Try Alternative Names

If your first choice is unavailable, search for your second and third choices. Test a few variations: add a location, change a word, or adjust the descriptive term. This is why brainstorming multiple name options upfront saves time.

Keep notes on which names are available. You'll need this list if you decide to reserve a name.

Phase 3: Reserve Your Business Name (Optional but Recommended)

Step 6: Decide If You Want to Reserve Your Name

A reservation is optional, but it's cheap insurance. When you reserve a business name, the Secretary of State holds that name for you for 120 days. During that window, nobody else can register a business with your name. The cost is $40.

Reservations are valuable if:

  • You're still finalizing other startup details (choosing your business structure, getting an EIN, etc.)
  • You're concerned a competitor might grab your name
  • You want to lock in your name while you secure matching social media handles or a domain

If you're ready to file your LLC or corporation immediately, a reservation is less critical since your actual filing protects your name. But if there's any delay, reserve it.

Step 7: Create a SOSDirect Account (Required for Online Reservation)

To reserve a name online, you'll need a free account on SOSDirect, the Secretary of State's filing portal. Go to https://direct.sos.state.tx.us/acct/acct-login.asp and click "Create an Account."

You'll provide:

  • Your email address
  • A username and password
  • Your phone number
  • Your mailing address

After you create the account, you'll receive a confirmation email. Click the link to verify your email, then log back in. This takes about 10 minutes.

Step 8: File Your Name Reservation

Log into SOSDirect and select "File a Document." Choose "Name Reservation" (Form 806). Fill in your desired business name exactly as you want it to appear on your future LLC or corporation filing. Double-check spelling and punctuation, this is what the Secretary of State will hold for you.

Pay the $40 reservation fee with your credit or debit card. The online system will process it immediately. You'll receive a confirmation number and a receipt.

Step 9: Confirm Your Reservation

Within 1-2 business days, you should see your name reservation appear in the Secretary of State's business search database with a status of "Reserved." Check the database again to confirm it's there. This is your proof that the name is yours to use for the next 120 days.

Write down your confirmation number and the reservation expiration date (120 days from filing). Mark your calendar, if you haven't filed your LLC or corporation by then, you'll need to reserve the name again or risk losing it.

Tips and Common Mistakes to Avoid

Tip 1: Search for Slight Variations

The Secretary of State's system is fairly literal. Search for your name with and without spaces, hyphens, and abbreviations. "Blue-Sky" and "Bluesky" are different in the database, even though they sound similar. If you're serious about a name, try a few variations to be thorough.

Tip 2: Check Active Status Only

If you find your desired name attached to a dissolved or inactive entity, you generally cannot use it. Even though the business is no longer active, the Secretary of State typically does not allow reuse. Call (512) 463-5555 to ask before assuming a dissolved entity's name is available.

Tip 3: Don't Assume "Similar" Names Are Okay

The Secretary of State evaluates whether names are "confusingly similar," not whether they are identical. A name like "Texas Consulting Group LLC" might be rejected if "Texas Consulting LLC" already exists, even though they're not word-for-word identical. When in doubt, ask the Secretary of State by phone before you commit to a name.

Tip 4: Organize Your Business Name List

Have at least three to five name options before you start searching. Rank them by preference. This way, if your first choice is taken, you have alternatives ready to research immediately. It keeps the process moving and prevents decision paralysis.

Tip 5: Act Fast After Checking Availability

Availability checks are current only at the moment you check. If you find a name is available at 2 p.m. on Tuesday, someone else could reserve or register it by 2:15 p.m. If you've found a name you love and it's available, consider reserving it immediately. A $40 reservation is cheap compared to rebranding a business six months from now.

Common Mistake 1: Forgetting the Organizational Designation

Many entrepreneurs search for their name without including "LLC," "Inc.," or "Corp." The Secretary of State requires these designations to be part of your legal name. Search for the complete name you'll actually file, including the designation.

Common Mistake 2: Confusing Business Name with Domain Name

Your business name (registered with the Secretary of State) does not have to match your domain name. You can register "Blue Sky Consulting LLC" with Texas but use "blueskyhelps.com" as your website. However, matching them makes branding easier. Check domain availability separately through a registrar like GoDaddy or Namecheap.

Common Mistake 3: Reserving a Name but Not Following Up

A 120-day reservation expires. If you reserve a name and then forget about it, you could lose the reservation and someone else might claim the name. Set a reminder on your calendar to file your LLC or corporation before the reservation expires.

Common Mistake 4: Ignoring Trademark Risks

The Secretary of State search only checks Texas state filings. It does not check federal trademarks or names registered in other states. If you're concerned about a competitor with a similar name elsewhere, do a trademark search at the U.S. Patent and Trademark Office (uspto.gov) or hire a trademark attorney. A $40 reservation won't protect you from a trademark lawsuit.

Expected Results

After completing a name search, you can expect one of these outcomes:

Result 1: Name Is Available

Your proposed name does not appear in the Secretary of State's database. You're free to reserve it (for $40) or proceed directly to filing your LLC or corporation. No further action required.

Result 2: Name Is Reserved by Someone Else

You see your name in the database with a status of "Reserved." This means another business owner has claimed it for up to 120 days. You cannot use this name. Try an alternative from your list of backup names.

Result 3: Name Is Registered and Active

Your name is already registered as an active business filing. You cannot use this name. It is permanently unavailable to you unless the current owner dissolves their business and the Secretary of State releases the name, which typically does not happen.

Result 4: Similar Names Exist But Are Not Identical

You find names that are close to yours but not exact matches. The Secretary of State may still reject your name if it's too similar and causes confusion. When in doubt, call (512) 463-5555 to ask staff if your name will be accepted as distinct.

Result 5: Name is Registered but Dissolved

The name appears in the database but with a dissolved or inactive status. Contact the Secretary of State to ask if you can reuse this name. In most cases, you cannot, even if the business is no longer active.

Frequently Asked Questions

How long does a business name search take?

The search itself (online or by phone) takes 5 to 15 minutes. A name reservation filed online is typically processed within 1 to 2 business days. There is no guaranteed timeline published by the Secretary of State for standard processing, though expedited options are available if you need faster processing (see below).

Can I reserve a name if I haven't decided on my business structure yet?

Yes. A name reservation holds the name for 120 days regardless of your business structure. You can reserve "Blue Sky LLC" and later decide to form a corporation instead, though you would need to register the name under a different designation.

What if someone else reserves my name while I'm thinking about it?

This is why you should reserve your name as soon as you've committed to it. A $40 reservation locks it in for 120 days. If you wait and someone else reserves it, you'll need to choose a different name or wait for their 120-day reservation to expire.

Do I need an attorney to search for a business name?

No. The Secretary of State's search tool is designed for business owners to use directly. You can do this yourself in 10 to 15 minutes. However, if you have concerns about trademark conflicts or name similarity, an attorney can advise you.

What if the Secretary of State rejects my name after I file?

If the Secretary of State rejects your LLC or corporation filing because the name is unavailable or too similar to an existing name, you'll receive a rejection notice. You'll need to choose a different name, amend your filing, and resubmit. Your filing fee is not refunded, though you can apply it to the amended filing. This is another reason to confirm availability before filing.

Can I use numbers or special characters in my business name?

Yes. You can include numbers (like "2024 Consulting LLC"), ampersands (&), and hyphens. However, the Secretary of State is particular about exact spelling and punctuation. If you register "Blue & Sky LLC," you own that exact name. "Blue and Sky LLC" would be considered different.

Is there a way to expedite a name search or reservation?

A standard name search is immediate (online) or same-day (by phone). If you need faster processing of your name reservation filing, the Secretary of State offers Texas Express expedited services: Standard Expedite ($50, processed in 2 to 3 business days), Next Day Expedite ($500, processed by close of business the next day), or Same Day Expedite ($750, processed by close of business the same day). These are add-ons to your reservation filing fee.

What happens after my 120-day name reservation expires?

If you haven't filed your LLC or corporation by the end of 120 days, your reservation expires and the name becomes available again. You must file your business formation document before the expiration date, or you risk losing the name.

Can I change my business name after I register it?

Yes, but it requires an amendment filing. You would file an "Amended Certificate of Formation" with the Secretary of State to change your registered name. There is typically a small filing fee for amendments.

Final Checklist Before You File

Before you move forward with forming your LLC or corporation, confirm that you've:

  • Searched for your business name in the official Secretary of State database
  • Confirmed it is available and does not appear as active or reserved
  • Verified the name includes a required organizational designation (LLC, Corp., Inc., etc.)
  • Checked that the name meets Texas requirements (distinguishable, no false implications, no government affiliation)
  • Reserved the name for 120 days (recommended, $40)
  • Confirmed the reservation appears in the database
  • Have a backup list of 2 to 3 alternative names if needed

Next Steps

Once you've confirmed your business name is available and (optionally) reserved it, your next step is to decide on your business structure and file your formation documents. Texas offers several options: LLC formation, corporation formation, partnership, or sole proprietorship. Each has different requirements, fees, and tax implications. Choose the structure that best fits your business plan, then complete your formation filing.

Disclaimer: This article is informational and not legal or tax advice. Business formation laws are complex and vary by circumstances. Before forming a business or relying on this information to make legal decisions, consult a qualified Texas attorney and a tax professional. The information here is current as of 2026, but state fees and procedures can change. Always verify current requirements directly with the Texas Secretary of State.