๐ CHECKING YOUR LLC BUSINESS NAME AVAILABILITY
Before you form your Texas LLC, one of the first things you should do is check whether the business name you want is available.
Your LLC name must be distinguishable in the Texas Secretary of State's records from certain existing business names, name reservations and registrations. If the name doesn't meet Texas requirements, your LLC filing may not be accepted.
Emailing the Texas Secretary of State atย CorpInfo@sos.texas.gov is FREE.
Calling them at 512-463-5555 is also free.
Texas SOS specifically lists online SOSDirect searches at $1 per search.
๐ CHECK LLC NAME AVAILABILITY โ SOSDIRECT โ
ย
๐ก WHY I RECOMMEND CHECKING YOUR NAME BY EMAIL
There are a few ways to check a proposed business name with the Texas Secretary of State.
You can search through SOSDirect, but there is currently a $1 fee for each search. If you're considering several different names, those individual searches can add up.
Instead, I recommend emailing the Texas Secretary of State and asking them to check your proposed name.
The email name inquiry is FREE. You can include your first-choice name along with several alternatives in the same request. The Secretary of State can give you a preliminary determination as to whether the names are available.
๐ง SEND YOUR EMAIL REQUEST TO:
I recommend giving them several choices in the same email. That way, if your first choice isn't available, they can check your alternatives.
๐ง COPY & PASTE EMAIL TEMPLATE
Subject: Texas LLC Name Availability Request
Hello,
I am preparing to form a Texas LLC and would like to check the availability of my proposed business name.
My first-choice LLC name:
[ENTER BUSINESS NAME]
If that name is unavailable, would you please check the following alternatives?
Alternative #1:
[ENTER NAME]
Alternative #2:
[ENTER NAME]
Alternative #3:
[ENTER NAME]
Thank you for your assistance.
[YOUR NAME]
[YOUR EMAIL ADDRESS]
[YOUR PHONE NUMBER]
โฐ DON'T WAIT UNTIL FILING DAY
Response times can vary, so I recommend checking your name before the day you plan to file your LLC.
If you're in a hurry, you can also call the Texas Secretary of State Corporations Section at 512-463-5555 for a preliminary name-availability determination. There is currently no fee for the telephone inquiry.
โ ๏ธ IMPORTANT: AVAILABLE DOESN'T MEAN GUARANTEED
This part is very important.
When the Secretary of State tells you that a name appears to be available, that is only a preliminary determination. The final determination isn't made until your formation document is actually received and processed.
Texas specifically warns against making financial commitments based only on preliminary name clearance.
So I would not recommend ordering expensive signs, large quantities of business cards, branded merchandise or other costly items just because the preliminary search says your name is available.
โข๏ธ LLC NAME AVAILABILITY IS NOT THE SAME AS TRADEMARK CLEARANCE
Another important thing to understand is that having an LLC name accepted by Texas does not automatically give you trademark rights to that name.
The Texas Secretary of State specifically warns that preliminary clearanceโor even issuance of the LLC's certificate of formationโdoesn't authorize you to use a name if doing so violates someone else's rights to that name.
Think of these as two separate questions:
LLC Name Search:
โWill Texas allow me to register an entity under this name?โ
Trademark Search:
โCould someone else already have legal rights to this name or brand?โ
For a business you're planning to build into a recognizable brand, it's smart to investigate both before investing heavily in the name.
๐ก MRS. GWEN'S TIP
Have more than one business name in mind.
Don't get so attached to one name that you can't move forward if it's unavailable. Pick your favorite, but have two or three backup names ready.
Sending all of your choices in one email can save you from going back and forth trying to find an available name.
Once you get a response on your name availability, proceed toย "๐ STEP 3" on LLC FORMATION - GET STARTED page.
๐ OFFICIAL TEXAS RESOURCES
Texas Secretary of State โ Name Filings FAQs
Texas SOSDirect โ Online Business Services
Educational information only. This resource is designed to help you understand the general Texas LLC setup process and is not legal or tax advice.
โฌ ๏ธ RETURN TO LLC FORMATION