LLC Name Availability Texas: How to Search & Reserve Your Name

Before you can form an LLC in Texas, you need a name that is legally available — meaning no other business entity in Texas is already using it or something confusingly similar. This guide walks you through how to check LLC name availability in Texas, what the naming rules are, how to reserve a name, and what to do if your preferred name is already taken.

If you need help with your LLC name search or are ready to form your LLC, call Holmes Law, PLLC at (832) 509-0445 for a free consultation.

Texas LLC Naming Rules

The Texas Secretary of State has specific rules about what you can and cannot name your LLC. Before you search, make sure your proposed name meets these requirements:

• Must include a designator: Your LLC name must include “Limited Liability Company,” “Limited Company,” or an abbreviation — LLC, L.L.C., LC, or L.C. Texas also accepts “Ltd. Co.” and “Ltd. Liability Co.”
• Must be distinguishable: Your name cannot be the same as or deceptively similar to any existing Texas business entity name, reserved name, or registered assumed name on file with the Secretary of State.
• Certain words are restricted: Words like “Bank,” “Trust,” “Insurance,” “University,” and similar terms require additional approvals or are prohibited entirely unless you meet specific requirements.
• Cannot imply government affiliation: Your name cannot suggest it is a government agency or instrumentality.
• No profanity or obscene language: The Secretary of State will reject names containing offensive language.

Meeting the Texas Secretary of State’s naming rules does not automatically mean your name is free from trademark issues. Federal trademark law is separate — a name can be available in Texas but still infringe on a federally registered trademark. This is one of the most important reasons to consult an attorney before finalizing your LLC name.

How to Check LLC Name Availability in Texas

There are two main ways to search for LLC name availability in Texas:

Step 1: Search the Texas Secretary of State Website

The Texas Secretary of State maintains the SOSDirect database where you can search existing business entity names. Go to sos.state.tx.us and use the business entity search tool. Enter your proposed name and review the results for any existing entities with the same or similar name.

Keep in mind this search only checks names on file with the Texas Secretary of State. It does not check assumed names (DBAs) filed at the county level, federally registered trademarks, or names being used in commerce without registration.

Step 2: Search the Texas Comptroller’s Database

The Texas Comptroller’s taxable entity search at mycpa.cpa.state.tx.us/coa shows businesses that have registered for tax purposes in Texas. This is a secondary check that can reveal entities not yet reflected in the Secretary of State database.

Step 3: Search the USPTO Federal Trademark Database

Even if your name is available in Texas, you need to check the United States Patent and Trademark Office (USPTO) TESS database for any federally registered trademarks that could conflict with your proposed name. A name can be legally available for state registration but still expose you to trademark infringement liability.

Step 4: Check Domain Name and Social Media Availability

While not a legal requirement, checking whether your business name is available as a domain name and on major social media platforms before filing is practical advice. Rebranding after filing and marketing costs money. Do this research upfront.

How to Reserve an LLC Name in Texas

If you have found an available name but are not ready to file your Certificate of Formation yet, you can reserve the name with the Texas Secretary of State. Here’s how:

• File an Application for Reservation of an Entity Name (Form 501) with the Texas Secretary of State
• The filing fee is $40
• A reserved name is held for 120 days and is renewable
• The reservation prevents anyone else from registering that exact name during the reservation period

Name reservations do not protect against trademark infringement and do not constitute a trademark or service mark. They simply hold your place in the state database.

What to Do If Your Preferred Name Is Already Taken

If your preferred name is already in use, you have several options:

• Modify the name: Adding a geographic descriptor (Houston, Texas, TX), a different industry word, or changing the structure of the name may make it sufficiently distinguishable.
• Use an assumed name (DBA): You can form your LLC under one legal name and operate under a different trade name by filing an assumed name certificate with the county clerk and the Secretary of State.
• Check if the existing entity is still active: If the business using your preferred name has been dissolved or forfeited, that name may become available. An attorney can verify this quickly.
• Contact the owner: In some cases, the business using your preferred name may be willing to grant permission to use a similar name, or may be open to a name purchase agreement.

LLC Name Search vs. Trademark Search — What’s the Difference?

This is one of the most misunderstood issues for new business owners in Texas. They are two entirely separate things:

LLC Name Search	Trademark Search
Checks Texas Secretary of State database	Checks USPTO federal trademark database
Prevents duplicate state registration	Prevents trademark infringement liability
Free to search online	Free to search, attorney review recommended
Only covers Texas entities	Covers nationwide registered marks
Does NOT protect you from trademark claims	Does NOT check Texas state registrations

A thorough LLC name search requires both. Many business owners only do the Texas Secretary of State search and miss existing federal trademarks — which can result in a cease and desist letter, forced rebranding, and significant legal costs after they have already built their brand.

LLC Name Availability FAQ

How do I check if an LLC name is available in Texas?

Go to the Texas Secretary of State’s SOSDirect database at sos.state.tx.us and search for your proposed name under the business entity search. You should also check the Texas Comptroller’s taxable entity search and the USPTO federal trademark database. For a comprehensive search, contact a Texas business attorney who can check all three databases plus county-level assumed name filings.

What happens if my LLC name is too similar to another business?

The Texas Secretary of State will reject your Certificate of Formation if your proposed name is not sufficiently distinguishable from an existing entity. “Sufficiently distinguishable” means the names must differ by more than minor variations in spelling, punctuation, articles, or conjunctions. If your filing is rejected, you will need to choose a different name and refile.

Can I use a name that is similar to a dissolved Texas LLC?

It depends. Once an LLC is dissolved or forfeited by the Secretary of State, its name may become available for use by a new entity. However, the name may still be protected by trademark law if it was used in commerce, even after the entity dissolved. An attorney can verify the status of the existing entity and assess the trademark risk.

How long does a Texas LLC name reservation last?

A Texas LLC name reservation lasts 120 days and can be renewed for additional 120-day periods. The reservation fee is $40. Reserving a name does not protect against trademark infringement — it only holds your place in the Texas Secretary of State’s name database.

Do I need a lawyer to check LLC name availability in Texas?

You can do the basic Texas Secretary of State search yourself for free. However, a comprehensive name availability search — one that checks state records, federal trademarks, county assumed name filings, and common law trademark use — requires legal expertise to do properly. Given that rebranding after the fact is expensive and disruptive, having an attorney do a thorough search upfront is money well spent.

What is an assumed name (DBA) in Texas and how is it different from an LLC name?

An assumed name, often called a DBA (doing business as), is a name under which your LLC operates that is different from its legal registered name. For example, your LLC might be legally registered as “Holmes Law, PLLC” but operate under the assumed name “Houston Business Lawyers.” In Texas, assumed names must be filed with the county clerk in each county where you do business, and with the Secretary of State for statewide registration. Assumed names do not change your LLC’s legal name — they just allow you to conduct business under a different name.

What words are prohibited in a Texas LLC name?

Texas restricts or prohibits certain words in LLC names. Words like “Bank,” “Trust Company,” “Insurance,” “University,” “College,” and similar terms require prior approval from the appropriate state agency. Words suggesting government affiliation — such as “Federal,” “State,” “United States” — are also restricted. Your name cannot be deceptively similar to a government agency name. The Texas Secretary of State publishes a full list of restricted words on its website.

Related reading: How to Form an LLC in Texas | Pros and Cons of an LLC in Texas | Texas LLC Operating Agreements | LLC Formation Attorney Houston