How to Get a DBA Name in Texas 2024: A Complete Guide

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How to Get a DBA Name in Texas

If you want to use a different name other than the legal name for your business in Texas, you must file a DBA (Doing Business As) name. The public, specifically your potential customers, will recognize your business by its registered legal name. Using a trade name or DBA in marketing and sales can help your Texas LLC reach a wider audience.

Texas, also known as The Lone Star State, has specific regulations for filing a DBA name. However, these regulations can vary depending on your business structure. At LLCBase, we understand that forming a business can be an overwhelming experience, so we are here to help you every step of the way. This article will provide the essential steps to obtain a DBA Name in Texas.

Get a DBA Name

What is a DBA

A DBA, which stands for “Doing Business As,” is a name under which a business operates that differs from its legal name. It is also known as a trade, assumed, or fictitious name. A DBA allows business owners, such as sole proprietors, general partnerships, limited liability companies (LLCs), and corporations, to conduct business under a separate name without creating a new legal entity.

Registering a DBA is important for several reasons, including legal compliance, branding, and customer recognition. The process for obtaining a DBA varies by jurisdiction and may require filing with a state or county government office. Researching local regulations and following the steps to register your DBA name properly is essential.

Understanding DBA Names in Texas

You must choose a name when you form an LLC or any business structure. Every company has a legal name. For example, a partnership or sole proprietorship might operate under the legal name of the company’s owner or owners. The name specified in the Certificate of Formation – For Profit Corporation or Certificate of Formation can be used by any business entity, including corporations, limited liability companies (LLCs), and others.

There are situations when you may decide not to use your company’s registered legal name in Texas for various reasons. Your company’s legal name might not be relevant to your business or no longer accurately describe it. Alternatively, you might want a new name without changing your incorporation or registration documents.

If you plan to start your business in Texas under a name other than your personal name or an existing corporate name, you must file a DBA name with Texas state, regardless of the type of business entity you have incorporated as (sole proprietor, partnership, corporation, or LLC).

There are no restrictions on how many DBA names you can use for your business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

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How to Obtain a DBA Name in Texas

Want to obtain a DBA name in Texas? Simply follow these easy-peasy steps, and you’ll be well on your way to securing that perfect “doing business as” name in no time!

Step 1: Check Name Availability

Before filing a DBA in Texas, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Texas, search the Texas Comptroller of Public Accounts Taxable Entity Search database provided by the Texas Secretary of State. This step is important to avoid potential legal issues and confusion for customers.

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Step 2: Choose a DBA Name

In Texas, fictitious names cannot be identical or too similar. A DBA should avoid deceiving the public by appearing confusingly similar to any other business name. When choosing a DBA name, ensure it follows the guidelines and restrictions the Texas government sets. These guidelines may include avoiding certain words or phrases, such as those related to banking, insurance, or professional designations, without proper authorization.

Step 3: Register the Texas DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Texas Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Texas counties, specific information is required, such as the company’s name, organization type, and description of the products or services to be provided under the Fictitious Name. Carefully complete the necessary forms and ensure all information is accurate and complete.

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Step 4: Submit the Application

To file the Texas DBA Name, you must apply to the Texas Secretary of State or the appropriate county office. In Texas, you can file the DBA name using various methods, such as (two methods, by mail and in person.). The cost of filing the Fictitious Name (DBA name) in Texas is Varies by county. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: There is no online filing available
  • Offline: For filing offline in Texas, you must send the accomplished DBA filing form to the County Clerk’s Office where your business is located. The mailing address and drop-off location will vary depending on the specific county.

Step 5: Use the Texas DBA Name

Once your DBA name is registered and approved, you can use it in your business operations. Be prepared to provide three “specimens” demonstrating the Trade Name used, such as business cards, booklets, flyers, labels, or stickers. These specimens may be requested by the Texas Secretary of State or the county office as proof of usage. Properly displaying your DBA name in your marketing materials, signage, and other business documents is essential to ensure customers and clients know your new trade name.

Following these steps, you can obtain a DBA name in Texas and use it to enhance your business’s visibility and reach.

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DBA Name in Texas: A Detailed Guide

Read the comprehensive guide to renewing and changing a DBA name in Texas:

Renewing a DBA Name in Texas

It is essential to renew your DBA name periodically to maintain its validity. In most states, renewing a DBA name follows the same process as filing a new DBA name. Every ten years, you should renew your Texas DBA to ensure continued compliance with state regulations.

To renew your DBA name in Texas, follow these steps:

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every ten years. Missing the deadline may result in penalties or loss of your trade name rights.
  2. Complete the renewal application: Obtain the renewal application from the Texas Secretary of State or the appropriate county office. Fill out the required information, including updates on your business address, contact information, and a description of the products or services provided under the Fictitious Name.
  3. Submit the renewal application: Submit the completed renewal application to the Texas Secretary of State or the appropriate county office by the deadline. Be prepared to pay the renewal fee, which may vary depending on the method of submission or the specific county where you are renewing your DBA name.
  4. Receive confirmation: Once your renewal has been processed and approved, you will receive confirmation from the Texas Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in Texas

If you need to change your Trade Name (DBA or Fictitious Name), apply to the Texas Secretary of State (SOS) or the appropriate county office. The process for changing a trading name is similar to registering a new DBA. You can reserve your DBA name for ten years.

To change your trade name in Texas, follow these steps:

  1. Check name availability: Before applying for a new trade name, ensure that another business still needs to use the desired name. Search the Texas Government Records Inquiry System or the Texas Comptroller of Public Accounts Taxable Entity Search database provided by the Texas Secretary of State to confirm business name availability in Texas.
  2. Complete the change application: Obtain the trade name change application from the Texas Secretary of State or the appropriate county office. Fill out the required information, including the current and new trade names you wish to use.
  3. Submit the change application: Submit the completed change application to the Texas Secretary of State or the appropriate county office. Be prepared to pay the change fee, which may vary depending on the submission method or the county where you change your DBA name.
  4. Receive confirmation: Once your trade name change has been processed and approved, you will receive confirmation from the Texas Secretary of State or the county office. Keep this documentation for your records and update all relevant business materials with the new trade name.

FAQs

What is a DBA?
A DBA (doing business as) is a registered name that allows a person or company to do business under a name different from their legal name.
Do I need a DBA in Texas?
If you are a sole proprietorship or general partnership, you are required by Texas state law to file for a DBA if you plan to do business under a name other than your own.
How do I choose a DBA name in Texas?
Your DBA name must be a unique name that hasn’t already been registered with the Texas Secretary of State.
How much does it cost to file for a DBA in Texas?
The cost to file for a DBA in Texas ranges from $15.00 – $37.00, depending on which county you file with.
How long does it take to get a DBA in Texas?
The process of getting a DBA in Texas can take anywhere from two to four weeks.
Can I change my DBA name after it’s been filed in Texas?
Yes, you can change your DBA name in Texas at any time by filing for a new DBA.
How often do I need to renew my DBA in Texas?
DBAs in Texas do not need to be renewed.
Do I need to notarize my DBA filing in Texas?
No, notarization is not a requirement for filing a DBA in Texas.
Can I have multiple DBA names in Texas?
Yes, Texas allows you to have multiple DBA names.
How do I register my DBA in Texas?
You can register for a Texas DBA online, by mail, or in person at your county clerk’s office.
What supporting documentation do I need to file a DBA in Texas?
You’ll need documentation that proves business ownership and a filing fee to complete registration.
What types of businesses need a Texas DBA?
Almost all types of businesses operating under a name different from the property owner’s legal name will require the DBA filing in Texas.
Does filing a DBA in Texas protect my business name from being used by others?
No, filing a DBA in Texas doesn’t provide you the legal grounds to sue someone for using your business name.
How long is my DBA valid in Texas?
There is no expiration date for a Texas DBA filing.
Can I operate without a Texas DBA?
You can operate a sole proprietorship or general partnership without a DBA using your legal name as your business name.
Can I file for a DBA online in Texas?
Yes, you can file for a Texas DBA online.
Is a Federal DBA the same as a Texas DBA?
No, a Federal DBA is filed with the Federal government, while a Texas DBA is filed with the Texas Secretary of State.
Can I transfer my DBA from another state to Texas?
No, you can’t transfer your DBA from another state to Texas.
Why should I file a DBA in Texas instead of using my legal name?
Filing a DBA lets your customers know who you are and helps create a unique identity with which to conduct business.
Is filing a Texas DBA mandatory for corporations?
Corporations generally do not need to file a DBA in Texas unless doing business under a different name in that state.
Can I use a Texas DBA for my LLC?
Yes, an LLC can do business under a DBA in Texas.
What is the penalty if I don’t file a DBA in Texas?
If you operate any businesses apart from the legal name of the owned properties without properly filed DBA, you may incur penalties or heavier fines or both.
What are the taxes imposed on DBAs in Texas?
Different taxes apply to different business entity types, ensuring appropriate record keeping of your finances is critical in this regard.
Should I use a lawyer to file for a Texas DBA?
You can file your Texas DBA yourself or use a lawyer.
Do I have to file for a Texas DBA if I am doing business under my full legal name?
No, a person can operate the business as an individual as long as their complete legal name is present while representing the business brand in different business instances.
Can a corporation organize its subsidiaries under a Texas DBA name?
Yes, a corporation can organize various affiliates under a Texas DBA name for convenient operation purposes.
Can a DBA be registered with the Texas Secretary of State without registering with the County Clerk?
No, a DBA needs to be registered with your County Clerk where the business is located initially before proceeding to register with the Secretary of State.
Can my Texas DBA be cancelled?
Yes, your Texas DBA can be canceled through filing a cancellation statement through the Secretary of State and County Clerk office per its legal clauses for filing a cancelation statement.
Are there any exceptions to filing a Texas DBA?
Almost all forms of businesses operating apart from owned legal name require the Texas DBA that comply with legal state guidelines, no sooner exceptions to this legal requirement.
What is a DBA name in Texas?
DBA stands for “Doing Business As” and refers to a trade name or fictitious name under which a business operates in Texas.
Do I need a DBA name in Texas?
It depends on your business structure and goals. If you’re a sole proprietor or partnership and want to use a name that’s different from your legal name, you’ll need a DBA registration in Texas.
How do I register a DBA name in Texas?
To register a DBA name in Texas, you need to fill out the appropriate form with the Texas Secretary of State and pay the filing fee.
What form do I need to fill out to register a DBA name in Texas?
You need to fill out Form 503, also known as the Assumed Name Certificate, to register your DBA name with the Texas Secretary of State.
How much does it cost to register a DBA name in Texas?
The filing fee for registering a DBA name in Texas is $25.
Do I need a lawyer to register a DBA name in Texas?
No, you can register a DBA name in Texas without a lawyer.
Can I check if a DBA name is available in Texas before filing?
Yes, you can search for existing DBA names in Texas through the Texas Secretary of State’s business name search database.
Can more than one business use the same DBA name in Texas?
Yes, multiple businesses can use the same DBA name in Texas if they’re operating in different counties or industries.
Can I add or change a DBA name in Texas after filing?
Yes, you can add or change a DBA name in Texas by submitting a new Assumed Name Certificate with the Texas Secretary of State and paying the filing fee.
Do I need to renew my DBA name registration in Texas?
Yes, you need to renew your DBA name registration in Texas every ten years.
Can I transfer a DBA name registration from another state to Texas?
No, you need to file a new DBA name registration in Texas even if you’ve registered the name in another state.
Do I need to publish my DBA name registration in Texas?
No, you don’t need to publish your DBA name registration in Texas, but some county clerks may require it.
Can I register a DBA name online in Texas?
Yes, you can register a DBA name online in Texas using the Texas Secretary of State’s website.
How long does it take to register a DBA name in Texas?
It usually takes 2-3 business days for the Texas Secretary of State’s office to process DBA name registrations.
Do I need a separate DBA name registration for each county in Texas?
No, you only need one DBA name registration for the entire state of Texas.
What do I need to include in my DBA name registration in Texas?
You need to include your business name and/or the name you want to use as your DBA name, your business address, and information about the owners of the business.
Can I incorporate my DBA name in Texas?
No, a DBA name is not a legal business structure and can’t be incorporated in Texas.
What are the benefits of registering a DBA name in Texas?
Registering a DBA name in Texas can make your business more professional and help you build brand awareness.
Can I use a DBA name if I have an LLC in Texas?
Yes, you can use a DBA name if you have an LLC in Texas.
Do I need to file a DBA name if my business name includes my last name?
No, if your business name includes your last name and you’re operating as a sole proprietorship or partnership, you don’t need to register a DBA name in Texas.
Can I use a DBA name for multiple businesses in Texas?
No, you need to register a separate DBA name for each business doing business under a different name in Texas.
How long does it take to get a DBA name certificate in Texas after filing?
It usually takes 3-5 business days to receive a DBA name certificate in Texas after filing.
Can a corporation use a DBA name in Texas?
Yes, a corporation can use a DBA name in Texas if it’s doing business under a different name that’s not its legal name.
What happens if I don’t register a required DBA name in Texas?
You may face fines and legal action for operating without a required DBA name registration in Texas.
Can I use a nickname as my DBA name in Texas?
Yes, you can use a nickname as your DBA name in Texas if it’s a name that customers would associate with your business.
What is the penalty for operating without a registered DBA name in Texas?
The penalty for operating without a registered DBA name in Texas can vary but may include fines, legal action, and losing the ability to sue in court.
How can I protect my DBA name in Texas?
You can protect your DBA name in Texas by registering it with the Texas Secretary of State and enforcing your trademark rights through legal action if necessary.
Is a DBA name different from a trademark in Texas?
Yes, a DBA name is not the same as a trademark and doesn’t provide the same legal protection for your brand in Texas.
Do I need a DBA name to trademark my business name in Texas?
No, you don’t need a DBA name to trademark your business name in Texas, but it can help your brand recognition.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in Texas is essential to managing your business’s identity and growth. Following the outlined steps and adhering to state regulations ensures your business remains compliant and continues to thrive. Remember, a well-chosen trade name reflects your brand identity and helps you connect with your target audience more effectively. As your business evolves, it’s crucial to stay adaptable and responsive to the ever-changing market conditions, and having a suitable DBA name is a significant part of that journey.

So, embrace the opportunity to create a professional and friendly image for your business, and let your DBA name be the catalyst for success. Visit LLCBase today to access valuable resources and guidance tailored to your business needs.

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