How to File an Assumed Business Name (DBA) in Texas

Overview

In Texas, filing an assumed business name—often called a DBA (“doing business as”) or assumed name—depends on your entity type and where you operate. If you’re a Texas or foreign filing entity (LLC, corporation, LP, LLP, professional association, etc.), you file an Assumed Name Certificate (Form 503) with the Texas Secretary of State (SOS). Since House Bill 3609 (effective September 1, 2019), those entities are not required to also file at the county level. If you’re an unincorporated business (sole proprietor or general partnership), you file with the county clerk in the county of your principal office in Texas (or each county where you do business if you have no Texas office). The certificate is a notice filing; it does not grant exclusive rights to the name. Duration is up to 10 years and can be renewed. State filing fee for Form 503 is $25, with optional online filing via SOSDirect.

Who Can Apply (Texas Assumed Business Name / DBA)

Texas allows most operating businesses to file an Assumed Business Name (often called a DBA) when they transact under a name different from their legal name. The correct filing authority depends on your structure:

• Sole proprietors (unincorporated individuals): File an assumed name certificate with the county clerk in the county of your principal office in Texas. If you have no Texas office, file in each county where you do business. Exception: If you operate exactly under your own legal surname (e.g., “Maria Lopez”), a DBA is generally not required; add-ons like “& Co.” or “Studio” usually trigger a filing.
• General partnerships (unincorporated): File with the county clerk (same location rule as above). Many counties require all partners to sign (often notarized). If your partnership later registers as an LLP or LLC, you’ll switch to the state filing path.
• Texas filing entities (LLC, PLLC, corporation—profit or nonprofit—LP, LLP, professional association): File the Assumed Name Certificate (Form 503) with the Texas Secretary of State. Since 2019 changes in law, these entities do not also file at the county level for the same assumed name.
• Foreign filing entities (formed in another state but doing business in Texas): File Form 503 with the Secretary of State once you’re registered/qualified in Texas. This covers use statewide; you still identify intended counties of use on the form.

Edge cases that still qualify: franchises using a franchisor brand with your local descriptor; e-commerce brands selling under a storefront name different from the legal entity; multi-line businesses segmenting brands (e.g., “Hilltop Holdings, LLC” also using “Hilltop Roofing” and “Hilltop Solar”); professional practices using marketing names that differ from the licensed entity name (ensure compliance with your board’s naming rules).

What a DBA is—and isn’t: a DBA is a public notice of the name you use in commerce. It does not create a separate legal entity, does not provide liability protection, and does not grant trademark rights or exclusivity. For exclusivity, consider state or federal trademark registration alongside your DBA.

Timing and duration: Texas DBAs have a stated term up to 10 years and can be renewed by filing a new certificate before expiration. If you stop using the name, file an abandonment (state Form 504 for filing entities; county form for unincorporated businesses) to cleanly retire it from the record.

Benefits of Filing a Texas Assumed Business Name (DBA)

• Banking & payments readiness: Banks and merchant processors usually require evidence of your operating name. A filed DBA lets you open accounts, accept checks, and process card payments under the storefront name customers recognize.
• Procurement & compliance: Many marketplaces, suppliers, and government vendors (W-9, Nexus, franchise tax accounts) ask for documentation proving your trade name. The DBA certificate satisfies onboarding and audit trails.
• Brand clarity without entity changes: You can market multiple lines under distinct names without forming multiple LLCs or corporations. This keeps governance simple while signaling clear offerings to customers.
• Geographic flexibility (state filers): A Secretary of State filing (Form 503) covers statewide use. You can select “All counties” on the form to future-proof expansion without re-filing locally.
• Public transparency: DBA records let customers and regulators identify who stands behind a brand. That transparency supports trust, reduces chargeback risk, and improves dispute resolution.
• Faster go-to-market: Compared to entity amendments or new formations, a DBA is fast and inexpensive (state fee is modest; county fees vary). You can test a new brand or product line quickly.
• Searchability & proof of use: Public indexing (state or county) creates a paper trail that can help demonstrate commercial use when you later pursue a trademark, domain disputes, or brand enforcement.
• Separation of lines for ops & analytics: Use distinct DBAs for different verticals to segment invoicing, SKUs, and marketing analytics—while keeping a single legal entity and tax return.
• Customer experience: Receipts, invoices, and signage match what the customer sees, minimizing confusion between a formal legal name (e.g., “XYZ Holdings, LLC”) and the storefront name (e.g., “Bluebonnet Coffee”).

Important limitations to remember: a DBA does not provide liability shielding, tax treatment changes, or name exclusivity. If you need asset protection or exclusive rights, pair your DBA with an appropriate entity structure (LLC, corporation) and a trademark strategy. Also ensure your assumed name doesn’t imply restricted activities (“Bank,” “Insurance,” “Architect”) without proper licensure or approvals.

Step 1: Decide Where You Must File (Entity-Type & County vs. State Scope)

Your first move is to determine the proper filing authority because Texas splits DBA filings by entity type:

1) Texas/Foreign Filing Entities file with the Secretary of State (SOS): If your business is a corporation (for-profit/nonprofit/professional), LLC (including PLLC), LP, LLP, professional association, or another foreign filing entity, you must file Form 503 – Assumed Name Certificate with the SOS. Texas Business & Commerce Code (TBCC) §71.103 sets this requirement. Critically, after HB 3609 (2019), once you file with the SOS, you are not required to also file at the county level. This change removed a prior dual-filing burden. The SOS treats the certificate as a notice filing: it publicly records that your entity conducts business under the assumed name, but it does not confer trademark rights nor priority in name use.

2) Unincorporated Persons file with the County Clerk: If you are a sole proprietor or general partnership operating under a name that doesn’t include the legal surname(s) in a way that clearly identifies the owners, file an assumed name certificate with the county clerk under TBCC §71.051. File in the county where your principal office in Texas is located. If you do not maintain a Texas office, file in each county where you conduct business. County clerk websites (e.g., Collin, Dallas, Nueces, McLennan) publish specific, practical instructions and confirm the 10-year effect and county index records for assumed names.

3) Hybrid situations: If you’re uncertain whether you are an “unincorporated person” versus a “filing entity,” verify your entity’s formation status. If you formed an LLC or corporation with the SOS, you are a filing entity and use Form 503 at the state. If you never filed formation documents and simply run as yourself or with partners, you are unincorporated and file at the county clerk(s).

Practical implications: State-level filers benefit from a single filing that covers the entire state geography, but Form 503 still asks you to indicate county usage (“All counties,” “All except,” or specific counties). County-level filers’ protection is recorded locally and must be repeated in additional counties if your footprint is multi-county and you lack a Texas principal office. Either way, remember the certificate is a notice device; it doesn’t override someone else’s trademark or existing rights.

Duration & updates: The assumed name term cannot exceed 10 years; you may renew within six months of expiration by filing a new certificate. There is no “amendment” mechanism—material changes require filing a new certificate; you can also file an abandonment if you stop using the name. The state fee for Form 503 is currently $25; counties set their own local fees.

Step 2: Check Name Availability, Clarity, and Legal Risk (Before You File)

Even though an assumed name certificate is a “notice” filing (not a right-to-use grant), perform diligence to avoid conflicts and consumer confusion. For state filers, search SOSDirect for name hits and check relevant trademarks; for county filers, check the county index and neighboring counties if your operations cross boundaries. A thoughtful search can prevent rebranding costs and legal friction later.

1) SOSDirect search (filing entities): Create or use an SOSDirect account and run entity/name queries. Note there’s a small per-search portal fee. Ensure your proposed DBA is meaningfully distinguishable from other registered names across Texas. While the SOS won’t reject a Form 503 due to similarity (because it’s a notice), sounding too close to an existing mark can invite unfair competition claims. Consider also searching the USPTO database for federal trademarks and running a general web search to catch unregistered common-law uses.

2) County index & real-world checks (unincorporated): Visit or use the online index of your county clerk (many urban counties offer searchable databases). If your principal office is in, say, Collin County but you plan to serve Dallas and Tarrant as well, confirm that your name is not already in use there. Counties like Harris and Dallas also provide copy/certification services and document search portals to review existing assumed names on file.

3) Don’t rely on the DBA for exclusivity: Form 503 explicitly clarifies that filing does not create priority nor authorization to use the name if it infringes someone else’s rights; it’s strictly a public notice. If your brand is core to your go-to-market, pair the DBA with trademark strategy (state or federal) and lock down matching domains and social handles.

4) Business descriptors & accuracy: Your assumed name should not imply licensing you don’t have (e.g., “Bank,” “Insurance,” “Architect”) or governmental affiliation. Ensure any professional designations comply with your licensing board’s rules. Avoid misleading geographies (“Texas State Office of…”) or claims of exclusivity (“The Official…”).

5) Internal alignment: For filing entities, confirm that the legal name shown on Form 503 exactly matches the SOS records (same punctuation, capitalization, commas like “LLC”). Mismatches cause delays or rejections. For county filings, ensure IDs for all owners/partners are ready for notarization and signatures as required locally.

6) Plan your duration and geography: On Form 503 you’ll choose up to ten years and designate counties of intended use (All, All Except…, or specific counties). For county clerks, the certificate effect is typically ten years; set a renewal reminder at nine years and six months.

Outcome of Step 2: You finish with a defensible, distinctive assumed name, clarity on trademark posture, and the exact legal spelling to carry forward into your certificate—reducing the risk of amendment by refiling and preserving your brand runway.

Step 3: Prepare the Correct Certificate & Execution Package (Form 503 vs. County Form)

Now assemble the filing packet tailored to your filing authority:

A) Filing Entities (LLC/Corp/LP/LLP/etc.) → Secretary of State (Form 503): Download the most current Form 503 – Assumed Name Certificate from the SOS website. The instruction pages are gold—follow line-by-line. You’ll state: (1) the assumed name; (2) your legal entity name; (3) entity type; (4) SOS file number (if any); (5) jurisdiction of formation; (6) principal office address; (7) duration (max 10 years or date certain); (8) counties where the name will be used; and (9) execution by an authorized signatory (officer, manager, member, GP, or attorney-in-fact with written authority). There is no amendment form; material changes require a new certificate within 60 days. To abandon a name, file Form 504. Fee: $25 (mail/fax/in-person), and SOSDirect supports electronic submission; credit card payments may incur a 2.7% convenience fee.

B) Unincorporated (Sole Proprietor/General Partnership) → County Clerk Certificate: Obtain the county’s assumed name certificate form (many provide a downloadable PDF or e-filing flow). Typical data includes: assumed name; physical address of the business; owner/partner legal names and residence addresses; whether the business is a sole proprietorship or partnership; and the length of time the assumed name will be used (often up to 10 years). Execution requirements vary by county but usually require in-person signing before the clerk or a notary. If you have partners, many counties require all partners to appear and sign. Fees are set locally; check your county’s schedule. Examples from Collin, Dallas, Nueces, and others illustrate notarization and multi-signatory requirements.

Quality checklist (both paths):

• Exact name string: Ensure the assumed name on the certificate exactly matches marketing usage (spacing, punctuation) while avoiding restricted words.
• Authorized signatory: For entities, confirm board/manager or governing authority to sign; if using an attorney-in-fact, include the written authorization language required by the form.
• Duration & renewal diary: Choose a sensible term (5–10 years) and set calendared reminders at T-6 months and T-3 months to prepare a renewal. Entities can refile a fresh Form 503; county filers refile a new county certificate.
• Geography accuracy: State filers must still declare county usage on Form 503 (All, All except…, or Only specific counties); choose “All” if you want statewide flexibility.
• Abandonment protocol: If you cease using the name, file abandonment (SOS Form 504 at state; county has its own abandonment form and execution rules).

Submission channels: State filers can mail, hand-deliver, fax (with card form), or submit electronically via SOSDirect/SOSUpload; expedited service is available (Texas Express). County filers typically file in person (or by mail with notarization); a few counties support e-recording.

Outcome of Step 3: You have a complete, signature-ready certificate package, aligned to the correct authority, with governance proof and calendars in place—positioning you for a frictionless filing in Step 4.

Step 4: File Your Certificate (County Clerk or Secretary of State)

Once you’ve prepared your DBA documentation, it’s time to officially file your Assumed Name Certificate. In Texas, the filing authority depends on your business structure—either the Texas Secretary of State (for registered entities) or the county clerk (for unincorporated businesses). Each process involves submitting the certificate, verifying signatures, and paying the required fee (if any), which completes the legal recognition of your operating name.

A) Filing with the Texas Secretary of State (Form 503)
You can file by mail, in person, fax, or online. The SOS strongly recommends using SOSDirect for fast processing. The state filing fee is $25 per assumed name. Include Form 503 and the payment authorization (if paying by card or electronic transfer). The form must be signed by an authorized person—typically an owner, manager, or officer. Online filings are usually processed within 1–2 business days, while mailed forms can take up to 7–10 days.

Filing address:
Texas Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
Courier delivery: 1019 Brazos, Austin, TX 78701
Fax: (512) 463-5709

If filing in person, you can request expedited handling for an additional $25. The SOS will provide a stamped acknowledgment once the certificate is accepted, and your assumed name becomes valid upon filing.

B) Filing with the County Clerk (for Sole Proprietors & Partnerships)
Visit the clerk’s office in your principal county (or each county where you operate). Most counties now provide fillable PDFs online. Bring valid identification and all required signatures notarized. Many counties—like Travis, Dallas, and Harris—allow in-office notarization. The local filing fee usually ranges from $15 to $25, including indexing and certified copies. Once accepted, your certificate is indexed into public county records and effective immediately.

Tips for both filing routes:

• Use black ink and legible type.
• Double-check duration—select “10 years” unless you plan a shorter term.
• Confirm that all signatories’ names match the legal entity or ownership documents.
• Request at least one certified copy for banking or vendor onboarding.

After acceptance, keep your certificate in a safe place and scan a digital version for reference. Within one week, verify your filing appears in the SOS Business Database (for state filings) or your county’s assumed name index (for county filings). If your name is missing after two weeks, contact the filing office to ensure processing was completed.

This step officially establishes your right to transact business under your chosen name in Texas. Once filed, you can use your DBA on contracts, invoices, and marketing materials immediately.

Step 5: Obtain Certified Copies and Use the Name Legally

Once your assumed name certificate is approved, you should obtain one or more certified copies of the filing. These serve as official proof that your business has legally registered the assumed name and can operate under it in Texas. Certified copies are critical for opening business bank accounts, signing leases, registering for permits, and working with vendors or payment processors.

Where to get certified copies: If you filed with the Secretary of State, certified copies can be requested through SOSDirect under “Business Organizations – Copies and Certificates.” The fee is typically $1 per page plus a $15 certification fee. For county filings, you can request certified copies at the county clerk’s office when you submit the form, usually for an additional $5–10. Keep at least two certified copies—one for your records and one for bank or legal verification.

Practical applications of your DBA:

• Banking: Present your certified copy when opening a business bank account. Banks must verify the link between your legal entity (or individual identity) and the DBA name.
• Contracts and invoices: You may now execute contracts, issue receipts, and sign documents under your DBA (e.g., “Bluebonnet Design, LLC d/b/a Hill Country Interiors”).
• Licensing and sales tax permits: When registering with the Texas Comptroller for sales tax or other state licenses, use the DBA name so your business records match public filings.
• Public signage: Update signage, letterheads, and websites to display your registered name consistently.

This step transitions your DBA from paper compliance to active commercial use. Keeping documentation organized helps ensure seamless compliance checks during audits or credit applications.

Step 6: Update Tax, Licensing, and Permits Records

After filing your DBA, you must ensure all state and local records align with your new name. Texas law does not automatically update your business accounts or licenses when a DBA is filed—these require separate updates.

1. Texas Comptroller (Sales Tax and Franchise Tax): Visit the Texas Comptroller website and log in to Webfile. If you already have a taxpayer number or sales tax permit, you can update your DBA name online. Ensure your assumed name appears on invoices, receipts, and tax filings. For entities, the underlying legal name remains primary on state tax records, but the assumed name will display as a secondary identifier.

2. Local Business Licenses: If you hold any local licenses (e.g., food establishment, building contractor, salon, etc.), contact your city or county office to amend your registration. Most municipalities require you to attach a certified copy of the DBA certificate to your update request.

3. Federal EIN Records: The IRS does not require a new EIN for a DBA, but you should notify the IRS of your new trade name. File Form 8822-B (Change of Address or Responsible Party) if you’re an entity, or send a signed notification letter if you’re a sole proprietor.

4. Professional or Industry Licenses: If you operate in a regulated field—like real estate, insurance, or law—notify your licensing board of your new name. Use the DBA only after the board updates its records.

5. Vendor & Payment Systems: Update all vendor profiles, online listings, payment gateways, and contract templates to reflect your DBA. Inconsistent naming across systems can delay payments and cause tax reporting mismatches.

By ensuring every registration reflects your DBA, you prevent administrative delays and protect your brand’s credibility. Consistency across tax, licensing, and payment systems is what officially ties your public-facing name to your lawful business identity.

Step 7: Maintain Your Assumed Business Name Certificate

Filing your assumed business name is only the beginning — maintaining it is a continuous responsibility. A Texas Assumed Business Name Certificate is valid for up to ten years, after which it expires automatically unless renewed. Business owners must also update or refile their certificate if any information changes before the expiration date. Proper maintenance ensures your business name remains active, compliant, and recognized across all state and county databases.

Renewal: The process for renewal mirrors the original filing. You must file a new certificate (not just a renewal form) before the expiration of the previous one. The Texas Secretary of State and most county clerks do not send reminders. Mark your calendar at least 90 days before expiration to avoid lapses that could disrupt contracts or banking operations. If the certificate expires, your legal right to use that name terminates, and another business could claim it. Refilling late requires a new assumed name filing, which resets your protection timeline.

Updates and amendments: If your business changes ownership, entity type, principal office, or county of operation, you must file a new assumed name certificate reflecting those changes. The law treats any change as a new filing, not an amendment. For example, converting from a sole proprietorship to an LLC or changing your business address outside the county both require new submissions. Keeping these details current helps maintain the integrity of your business records with government and financial institutions.

Business branding and consistency: Consistency across your marketing, tax filings, and legal documents is essential. Once filed, use your DBA name exactly as registered — including punctuation, capitalization, and suffixes — on signage, invoices, advertisements, and contracts. Inconsistent presentation (for example, “Bluebonnet Design Co.” vs “Bluebonnet Designs”) can cause confusion in compliance checks and business verifications.

Recordkeeping: Maintain both digital and physical copies of all your DBA filings, receipts, and renewals. Many business owners store these within their operating agreement or corporate records book. For digital organization, keep PDFs in a dedicated folder labeled “Assumed Name Certificates” with subfolders for county and renewal years. These records may be requested by banks, auditors, or buyers during due diligence.

Regularly verify your business name in the Texas Comptroller’s Taxable Entity Search and your county clerk’s database to ensure no errors exist in indexing. Early detection of discrepancies helps you correct records quickly and avoid future complications.

Step 8: Renew or Abandon the Assumed Business Name Properly

As your business evolves, you may need to renew or retire your assumed business name. Texas requires filing a new certificate for renewals and allows formal abandonment when the name is no longer in use. Failing to complete either step can cause administrative issues, tax mismatches, or disputes if another party adopts the same name.

Renewing your assumed name: File a new certificate before expiration to continue legal use. There is no separate renewal form — it’s a complete refile of the original form with updated dates. The fee remains the same ($25 at the Secretary of State, $15–$25 at the county). The new filing should specify a fresh 10-year term. You don’t need to attach the prior certificate, but it’s advisable to note on your records the date of continuity to show uninterrupted use.

Abandoning your assumed name: If you stop using the name, dissolve your business, or rebrand, file an abandonment form to officially terminate the name. The Texas Secretary of State uses Form 504, “Abandonment of Assumed Name Certificate.” For county-level filings, each clerk provides its own abandonment form. Filing an abandonment ensures the public record accurately reflects your status and prevents future liabilities attached to that name.

Why abandonment matters: Even if you no longer use the name, failing to file abandonment could lead to ongoing correspondence, tax confusion, or legal notices being sent to that alias. In rare cases, misfiled lawsuits or debts could still reference an active assumed name. Closing it out properly maintains a clean public record.

Best practices for continuity: Keep an organized log of your assumed name filing dates, renewal cycles, and expiration periods. Automate reminders 6–9 months ahead of expiration. This foresight ensures uninterrupted use of your brand name and prevents avoidable delays during renewals.

Step 9: Common Mistakes to Avoid When Filing a Texas DBA

Even small filing errors can create long-term administrative complications. Understanding and avoiding the most common mistakes saves both time and cost.

1. Skipping the name search: Many filers assume that if a name “sounds unique,” it must be available. In reality, counties and the Secretary of State may reject your application for being “deceptively similar” to another record. Always perform a detailed name search before submission and verify trademark conflicts using the USPTO database.

2. Filing in the wrong jurisdiction: Sole proprietors and partnerships must file with the county clerk, not the Secretary of State. Conversely, LLCs and corporations must file at the state level. Filing in the wrong place invalidates the record and can delay banking or vendor setup.

3. Ignoring expiration dates: Forgetting to renew leads to automatic expiration. Once expired, you lose rights to the name, and someone else may claim it. Always track renewal dates carefully.

4. Using the DBA as a substitute for an LLC: A DBA does not create liability protection. Sole proprietors who use DBAs are personally liable for all business debts and obligations. If you need legal protection, form an LLC and then file a DBA under it if needed.

5. Misrepresenting ownership or address: Inaccurate owner details are grounds for rejection or future invalidation. Use your exact legal name and current physical address, not a P.O. box unless explicitly permitted.

6. Failing to align bank and tax records: Always use your registered DBA on your business bank accounts, tax filings, and invoices. Mismatched records can trigger compliance reviews or payment delays.

Avoiding these errors not only ensures compliance but also reinforces professionalism. Think of your DBA as the foundation of your public identity — clean, verified, and renewed regularly.

Step 10: Keep Your Branding and Legal Records in Sync

Your DBA is the bridge between your legal structure and your customer-facing brand. Step 10 focuses on keeping those two aligned. Every time your branding changes, your legal records should reflect it to ensure consistent use across platforms.

Branding consistency: Update your website, invoices, social media, and signage immediately after your DBA is approved or renewed. Use your DBA name exactly as registered. If your brand name includes design marks or slogans, consider registering those separately with the U.S. Patent and Trademark Office for exclusive rights.

Record management: File all assumed name documents within your company records book or digital corporate governance system. Retain old certificates indefinitely, even after expiration or abandonment, since they establish proof of historical use. This can be critical evidence if you ever face naming or trademark disputes.

Audit preparedness: During audits, lenders, or business acquisitions, clear DBA documentation simplifies verification. Ensure that your entity name, EIN, Comptroller registration, and assumed name filings all display consistent details.

Public confidence: A well-managed DBA reassures customers, partners, and agencies that your business is legitimate and transparent. It conveys professionalism and simplifies vendor relationships.

Associated Costs

Filing with the Texas Secretary of State costs $25 per assumed name certificate, payable by check or card through SOSDirect. County filings typically cost $15–$25 per certificate, plus small charges for certified copies or notarization if performed on-site. Expedited service (state-level) adds $25. There are no renewal discounts; each renewal is a new filing at the same rate.

Time Required

Online filings with the Texas Secretary of State are processed within 1–2 business days, while mailed forms take up to 10 days. County filings are typically approved the same day if submitted in person. The certificate remains valid for up to 10 years. Renewals must be filed before expiration to maintain continuity.

Limitations

• A DBA does not create a separate legal entity or offer liability protection.
• A DBA provides no trademark exclusivity — another business may use a similar name if not trademarked.
• Failure to renew cancels your right to the name.
• DBAs must comply with naming restrictions: no “Bank,” “Insurance,” or “University” without proper authorization.

Authoritative Links

• Texas Secretary of State – Form 503 (Assumed Name Certificate)
• SOSDirect Online Filing Portal
• Texas.gov Business Portal
• Texas Comptroller – Entity Search
• U.S. Patent and Trademark Office – Trademark Database