Texas Corporation Names: Rules, Requirements, and How to Check Availability
Learn the rules for naming a Texas corporation — required designators, name availability, prohibited words, name reservation, and DBA filing. Official Texas Secretary of State guidance.
Bizee Editorial Staff
Editorial Team
Texas corporation at a glance
Filing fee: $300 (certificate of formation for a for-profit corporation)
Processing time: Typically 3–5 business days for standard filing; expedited options available
State agency: Texas Secretary of State, Corporations Section
Annual report due: Texas does not require a traditional annual report for corporations; franchise tax report due May 15 annually
State tax rate: Texas franchise tax: 0.375% of taxable margin for most retailers and wholesalers; 0.75% for other businesses; no state corporate income tax
Texas corporation naming rules
To name a Texas corporation, your chosen name must include a required corporate designator, be distinguishable from all existing entity names in the Texas Secretary of State's records, avoid prohibited words and misleading terms, and not infringe on existing trademarks. The Texas Secretary of State is the filing office that enforces these rules.
Required corporate designators
Every Texas for-profit corporation name must include a word or abbreviation that signals corporate status. Under Texas Business Organizations Code §5.054, acceptable designators include "Corporation," "Company," "Incorporated," and their abbreviations — "Corp.," "Co.," and "Inc." The Texas Secretary of State will reject any certificate of formation that omits a designator.
One thing that catches people off guard: you can't use "LLC" or "Limited Liability Company" in a corporation name. Those designators are reserved for limited liability companies under separate provisions of the Texas Business Organizations Code. Using the wrong designator will get your filing rejected.
Name availability and the distinguishable standard
Texas requires your corporation's name to be distinguishable in the Secretary of State's records from all existing domestic filing entities, authorized foreign entities, reserved names, and registered names. This standard has applied since June 1, 2018, when Texas moved from a simple "no exact duplicates" rule to a broader "distinguishable in the records" test.
The Secretary of State makes the final call on availability when you file your certificate of formation. You can get a preliminary determination by contacting the Corporations Section directly, but that informal check doesn't guarantee approval.
What counts as too similar
Texas is specific about what differences don't count. The following changes will not make your proposed name distinguishable from an existing one:
Capitalization differences (uppercase vs. lowercase letters)
Punctuation changes (adding, removing, or changing commas, periods, or hyphens)
Accent marks or diacritical marks
Stylized typefaces or fonts
Spacing differences
Adding or removing articles and conjunctions like "a," "an," "the," or "and"
Using one different key word, or changing the order of key words, can make a name distinguishable — as long as the overall comparison shows a meaningful difference in meaning or connotation. If you're unsure whether your name clears the bar, a preliminary check with the Corporations Section before filing saves time.
Prohibited words and restricted terms
Texas law prohibits corporation names that imply an unlawful purpose, falsely suggest government affiliation, or misrepresent the nature of the business. A few specific restrictions are worth knowing before you settle on a name.
"Olympic," "Olympiad," and "Citius Altius Fortius" — expressly prohibited under the Texas Administrative Code due to federal and state protections
Words implying government agency status — names that suggest the corporation is a federal or state agency are not allowed
Professional practice terms without licensure — the Secretary of State won't file a name that implies licensed professional services (law, medicine, engineering) if the entity or its principals don't hold the required credentials
Words indicating an unlawful purpose — any name that implies the corporation is organized for a purpose not authorized under Texas law will be rejected
If your name implies a specific professional practice, check with the relevant licensing authority as well. Professional corporations in Texas may face additional naming rules beyond what the Secretary of State requires.
How to check name availability in Texas
The Texas Secretary of State runs a fee-based online search system called SOSDirect. You'll need to create an account to use it. Searches show existing entities with similar or identical names, which helps you evaluate whether your proposed name is likely to clear the distinguishable standard.
Keep in mind that SOSDirect results are a starting point, not a guarantee. The Secretary of State makes the final availability determination when your certificate of formation is filed. Running the search before you file is the right move — it's much easier to catch a conflict early than to refile after a rejection.
How to reserve a corporation name in Texas
If you've found an available name but aren't ready to file your certificate of formation yet, you can reserve it using Form 501 — the Application for Reservation or Renewal of Reservation of an Entity Name — filed with the Texas Secretary of State. A reservation holds the name for 120 days.
You can renew the reservation, but only during the 30-day window immediately before it expires. A reservation blocks other entities from registering or reserving the same name during that period. It doesn't form a corporation — it only protects your right to use the name while you get ready to file.
Trademarks and what the state filing doesn't cover
Getting your corporation name approved by the Texas Secretary of State does not create trademark rights and does not mean the name is legally available as a brand. The Secretary of State's review checks only whether the name is distinguishable from other entities in its own records — it doesn't search federal trademarks, state trademarks, or common-law marks.
A name that clears the state filing process can still infringe an existing trademark if it's confusingly similar to a mark already in use for related goods or services. Before you commit to a name, search the USPTO's federal trademark database and check for common-law use. If you're building a brand around the name, talk to a legal professional about trademark registration.
Doing business under a different name (DBA)
A Texas corporation can operate under a name different from its legal name by filing an assumed name certificate — commonly called a DBA ("doing business as"). This is useful if you want a shorter or more customer-facing name without changing your legal corporate name.
Filing an assumed name certificate does not give you exclusive rights to that name. It doesn't prevent another business from using the same or a similar name, and it doesn't protect you from trademark-infringement claims. The DBA filing is a disclosure requirement, not a brand protection tool.
FAQ
Yes, there are several. Your Texas corporation name must include a corporate designator like "Corporation," "Incorporated," "Company," or an abbreviation ("Corp.," "Inc.," "Co."). It must be distinguishable from all existing entity names in the Secretary of State's records. It can't include prohibited terms, imply government affiliation, or suggest professional services the entity isn't licensed to provide.
Use the Texas Secretary of State's SOSDirect system to search existing entity names. You'll need to create an account — there's a small per-search fee. SOSDirect shows entities with similar or identical names so you can evaluate whether your proposed name is likely to be distinguishable. The Secretary of State makes the final availability call when you file your certificate of formation.
File Form 501 — the Application for Reservation or Renewal of Reservation of an Entity Name — with the Texas Secretary of State. A reservation holds the name for 120 days and blocks other entities from registering or reserving the same name during that period. You can renew it, but only during the 30-day window before the current reservation expires. A reservation doesn't form a corporation — it only protects the name while you prepare to file.
Texas LLC names must include "Limited Liability Company," "Limited Company," or an abbreviation like "LLC" or "LC." The name must be distinguishable from existing entities in the Secretary of State's records under the same standard that applies to corporations. The same rules about prohibited words, misleading terms, and government affiliation apply. Note that LLC designators can't be used in a corporation name — the two entity types have separate required designators.
Yes. A Texas corporation can operate under an assumed name — commonly called a DBA — by filing an assumed name certificate. This lets you use a different customer-facing name without changing your legal corporate name. Keep in mind that a DBA filing doesn't give you exclusive rights to the name and doesn't protect you from trademark-infringement claims. It's a disclosure requirement, not a brand protection tool.
No. State approval means your name cleared the Secretary of State's distinguishable-in-the-records test — nothing more. The state doesn't search federal trademarks, state trademarks, or common-law marks. A name that passes the state filing process can still infringe an existing trademark if it's confusingly similar to a mark already in use for related goods or services. If you're building a brand around the name, talk to a legal professional about trademark registration.
No. The Texas Secretary of State doesn't treat differences in capitalization, punctuation, spacing, accent marks, or stylized fonts as sufficient to make two names distinguishable. To clear the distinguishable standard, your name needs a meaningful difference — typically a different key word or a different order of key words that changes the overall meaning or connotation.
