What You Need To Know About Assumed Names

What is an assumed name?  An assumed name is a fictitious business name.  It is also called a DBA, which is short for “doing business as”.

Why would I want an assumed name?  An assumed name may better represent a business than its legal name.  You may decide to operate your business under another name for marketing purposes, or to open a new vertical for your business which you want to differentiate from your current business, or maybe just to simplify your company’s name.

When does my business need an assumed name?  Your business is required to file an assumed name whenever you represent your business under a name other than its formal legal name – the name you filed with the Secretary of State’s Office.

Corporations and LLCs are required to file a certificate for an assumed name with both the County Clerk’s Office where the Company’s principal office is located and with the Texas Secretary of State’s Office.

Sole Proprietors or Partnerships frequently operate under the owner’s name.  These entities may choose to conduct business under a business name rather than the owner’s personal name, in which case they are required to file a certificate for an assumed name with the County Clerk’s Offices where their offices are located and in each county where they conduct business.

How many assumed names can my business have?  There is no limit to the number of assumed names you can use as long as each name is properly registered.

Does my company exclusive have exclusive rights to the assumed name?  No.  Just because your business has filed an assumed name does not mean that other people or companies are precluded from using that name.  The Secretary of State’s Office reviews the name of any company that is registering to do business in Texas to make sure that the business’s name is not deceptively similar to the name of another company already registered in Texas.  However, if you want to be sure that no other company can use your business’s name you must trademark your business’s name with the US Patent and Trademark Office.

How do I sign contracts if I have an assumed name?  Your business should include its legal name and its assumed name in contracts.  For example: ABC, LLC d/b/a Assumed Name.

For more information, please contact Kathy Tremmel at Tremmel Law, PLLC at (512) 539-0317 or

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