How to Apply for a DBA in Texas: A Step-by-Step Guide
Starting a business in Texas is an exciting endeavor, but it often requires navigating a few legal and administrative hurdles. One crucial step for many entrepreneurs is registering a “Doing Business As” (DBA) name, also known as an assumed name. This guide provides a comprehensive, step-by-step explanation of how to apply for a DBA in Texas, ensuring you comply with state regulations and protect your brand.
What is a DBA (Assumed Name)?
A DBA, which stands for “Doing Business As,” “assumed name,” or “fictitious name,” is a name that a business uses that is different from its legal name. In Texas, an individual or business entity that transacts business under a name other than its legal name is required to register that assumed name with the county clerk in each county where they conduct business.
For example:
* **Sole Proprietorship:** If John Smith operates a landscaping business but wants to call it “Green Thumb Landscaping,” he needs to register “Green Thumb Landscaping” as his DBA.
* **Partnership:** If Jane Doe and Peter Jones are partners, and their partnership’s legal name is “Doe & Jones Partnership,” but they want to operate as “Premier Consulting Group,” they need a DBA.
* **LLC/Corporation:** Even if you have a legally formed LLC or corporation, you might need a DBA if you want to operate under a different name than your official registered name. For example, “Acme Corporation” might use a DBA of “Acme Marketing Solutions” for its marketing division.
Why Do You Need a DBA in Texas?
Registering a DBA in Texas offers several benefits:
* **Legal Compliance:** Texas law requires you to register an assumed name if you conduct business under a name different from your legal business name. Failure to comply can result in penalties.
* **Transparency:** A DBA allows the public to know the true owner(s) of a business operating under a different name. This builds trust and credibility with customers.
* **Branding and Marketing:** A DBA allows you to create a brand name that is more memorable and appealing to customers than your legal business name.
* **Bank Accounts:** Many banks require you to have a registered DBA before opening a business bank account under your assumed name.
* **Operating Multiple Businesses:** If you have a single legal business entity but want to operate multiple distinct businesses, each can have its own DBA.
Who Needs to File for a DBA in Texas?
The following types of businesses generally need to file for a DBA in Texas:
* **Sole Proprietorships:** If you’re a sole proprietor using a business name other than your own personal name.
* **General Partnerships:** If your partnership operates under a name different from the names of the partners.
* **Limited Liability Companies (LLCs):** If you want to do business under a name other than your registered LLC name.
* **Corporations:** Similar to LLCs, corporations need a DBA to operate under a name different from their registered corporate name.
Step-by-Step Guide to Applying for a DBA in Texas
Here’s a detailed breakdown of the steps involved in applying for a DBA (assumed name) in Texas:
**Step 1: Determine if You Need a DBA**
As mentioned earlier, the first step is to confirm whether you actually need to register a DBA. If you are operating your business under your legal name (your personal name for sole proprietorships or the registered name of your LLC or corporation), you likely do not need a DBA. However, if you are using a different name, registration is generally required.
**Step 2: Choose Your Assumed Name**
Selecting the right assumed name is crucial. Here are some important considerations:
* **Availability:** Before you commit to a name, make sure it’s available. You don’t want to choose a name that’s already in use by another business in your county. You can check name availability through the following methods:
* **County Clerk’s Office:** Most county clerk websites have a search function to check for existing assumed name certificates.
* **Texas Secretary of State Website:** While the Secretary of State primarily handles entity name registration, you can search to ensure your desired DBA doesn’t infringe on an existing trademark or registered business name.
* **Memorability and Brandability:** Choose a name that is easy to remember, pronounce, and spell. It should also reflect your brand and the services or products you offer.
* **Relevance:** Ideally, the name should be relevant to your business. This helps customers understand what you do.
* **Trademark Considerations:** While registering a DBA doesn’t give you trademark protection, it’s wise to check if your desired name is already trademarked by another business. You can search the United States Patent and Trademark Office (USPTO) database ([uspto.gov](https://www.uspto.gov/)) to avoid potential legal issues in the future.
* **Domain Name Availability:** Check if the domain name corresponding to your chosen DBA is available. Having a matching domain name is crucial for your online presence. Use a domain registrar (e.g., GoDaddy, Namecheap) to search for availability.
**Step 3: Determine the County of Filing**
You must file your assumed name certificate in each county where you conduct business. This means:
* If your business has a physical location in a county, you must file in that county.
* If you conduct business in a county without a physical location (e.g., providing services online or at customer locations), you generally file in the county where your principal place of business is located.
If you conduct business in multiple counties, you must file in *each* of those counties.
**Step 4: Obtain the Assumed Name Certificate Form**
Each county clerk’s office provides its own assumed name certificate form. You can usually download the form from the county clerk’s website. Common Texas counties and links to their assumed name forms include:
* **Harris County (Houston):** Search the Harris County Clerk’s website for “assumed name certificate”.
* **Dallas County:** Search the Dallas County Clerk’s website for “assumed name certificate”.
* **Travis County (Austin):** Search the Travis County Clerk’s website for “assumed name certificate”.
* **Bexar County (San Antonio):** Search the Bexar County Clerk’s website for “assumed name certificate”.
If you cannot find the form online, you can visit the county clerk’s office in person to obtain a copy.
**Step 5: Complete the Assumed Name Certificate Form**
The assumed name certificate form typically requires the following information:
* **Assumed Name (DBA Name):** The name under which your business will operate.
* **Business Mailing Address:** The address where you receive business mail.
* **County or Counties where business is conducted:** List all counties in Texas where you conduct business under the assumed name.
* **Name and Address of the Applicant:** This depends on the type of business:
* **Sole Proprietorship:** Your full legal name and residential address.
* **Partnership:** The full legal names and addresses of all partners.
* **LLC/Corporation:** The registered legal name of the LLC or corporation and its registered office address.
* **Entity Information (If Applicable):** If the applicant is an LLC or corporation, you’ll need to provide:
* The state of formation (e.g., Texas).
* The date of formation.
* The filing number assigned by the Texas Secretary of State.
* **Description of Business:** Briefly describe the nature of your business.
* **Signatures:** All required parties must sign the form. This typically includes the sole proprietor, all partners, or an authorized representative of the LLC or corporation.
**Important Considerations When Filling Out the Form:**
* **Accuracy:** Double-check all information to ensure it is accurate. Errors can cause delays or rejection of your application.
* **Legibility:** Print or type clearly. Illegible forms can be rejected.
* **Completeness:** Answer all required fields. Incomplete forms will be returned.
**Step 6: Notarize the Form (If Required)**
Some counties require the assumed name certificate to be notarized. Check with the specific county clerk’s office where you are filing to determine if notarization is required. If it is, you will need to sign the form in the presence of a notary public, who will then stamp and sign the document. You can find a notary public at banks, law offices, and some shipping stores.
**Step 7: File the Assumed Name Certificate**
Once the form is completed and notarized (if required), you can file it with the county clerk’s office. You have several filing options:
* **In Person:** You can visit the county clerk’s office and file the form in person. This allows you to ask questions and receive confirmation that the form has been accepted.
* **By Mail:** You can mail the completed form and the filing fee to the county clerk’s office. Send the documents via certified mail with return receipt requested to ensure proof of delivery.
* **Online (If Available):** Some counties offer online filing of assumed name certificates. Check the county clerk’s website to see if this option is available.
**Step 8: Pay the Filing Fee**
There is a filing fee associated with registering an assumed name certificate. The fee varies by county, so check with the county clerk’s office for the current fee schedule. You can typically pay the fee by cash, check, money order, or credit card (depending on the county’s accepted payment methods). If filing by mail, include a check or money order payable to the county clerk.
**Step 9: Obtain a Copy of the Filed Certificate**
After the county clerk’s office processes your application, you will receive a copy of the filed assumed name certificate. Keep this document in a safe place as it serves as proof of registration. You may need to present it when opening a bank account or for other business-related purposes.
**Step 10: Publication (If Required by County)**
While not common, some older rules might require publication in certain counties. Confirm with your county clerk if a notice of your assumed name filing needs to be published in a local newspaper. This requirement is becoming increasingly rare, but it’s best to check.
Maintaining Your DBA in Texas
*Renewal/Abandonment*
Your Assumed Name Certificate in Texas is valid for 10 years. You can renew the assumed name certificate before it expires. However, if you stop using the assumed name, you should file a certificate of abandonment with the same county clerk’s office where you originally filed the assumed name certificate. This officially removes the assumed name from the public record.
Common Mistakes to Avoid
* **Failing to Check Name Availability:** Always check the availability of your desired DBA name before filing. This can save you time and money in the long run.
* **Filing in the Wrong County:** Ensure you file in all counties where you conduct business under the assumed name.
* **Incomplete or Inaccurate Forms:** Double-check all information on the form for accuracy and completeness.
* **Forgetting to Renew:** Keep track of your DBA expiration date and renew it before it expires if you plan to continue using the name.
* **Assuming DBA Provides Trademark Protection:** A DBA registration does *not* provide trademark protection. If you want to protect your brand, you should consider registering a trademark with the USPTO.
Frequently Asked Questions (FAQs)
**Q: How much does it cost to file a DBA in Texas?**
A: The filing fee varies by county, but it typically ranges from $25 to $50.
**Q: How long does it take to process a DBA application in Texas?**
A: Processing times vary by county, but it usually takes a few days to a few weeks.
**Q: Can I file a DBA online in Texas?**
A: Some counties offer online filing, but not all. Check with the county clerk’s office where you are filing.
**Q: Does a DBA protect my business name?**
A: No, a DBA does not provide trademark protection. It only registers your assumed name with the county.
**Q: Do I need a DBA if I have an LLC?**
A: You only need a DBA if you want to operate under a name different from your registered LLC name.
**Q: What happens if I don’t register my DBA?**
A: You could face penalties and legal issues for operating under an unregistered assumed name.
**Q: Can I use the same DBA name in multiple counties?**
A: Yes, but you must file an assumed name certificate in *each* county where you conduct business under that name.
**Q: What is a certificate of abandonment?**
A: It’s a form you file with the county clerk’s office to officially abandon an assumed name that you are no longer using.
## Conclusion
Applying for a DBA in Texas is a relatively straightforward process, but it’s essential to follow the steps carefully to ensure compliance with state regulations. By understanding the requirements and avoiding common mistakes, you can successfully register your assumed name and protect your business’s branding. Remember to check with the specific county clerk’s office where you are filing for the most up-to-date information and requirements.