A sole proprietorship is a business with a single legal owner. As owner, you assume legal responsibility for the operation of your company. [1] X Trustworthy Source U. S. Small Business Administration U. S. government agency focused on supporting small businesses Go to source As sole proprietor, you can style the DBA company name as you wish, but you cannot include “Corp. “, “Inc. “, “LLC” or any other suffix that would be misleading. In a general partnership, you and at least one other run the business jointly. Your partnership agreement will divide the work, the profits, and the legal liabilities. [2] X Trustworthy Source U. S. Small Business Administration U. S. government agency focused on supporting small businesses Go to source Your business name can indicate the partnership, but like a sole proprietorship, your company name cannot mislead the public into believing you are something you’re not. Limited liability companies can be set up through the Texas Secretary of State for minimal cost and without the assistance of an attorney. If you choose this business entity, your business name must include “LLC” or “Limited Liability Company. “[3] X Trustworthy Source U. S. Small Business Administration U. S. government agency focused on supporting small businesses Go to source [4] X Research source The final choice is to incorporate your business. A corporation has enhanced reporting and tax filing requirements. Strongly consider discussing this with a business attorney before attempting to incorporate. A corporation must include “Corp. " or “Inc. " in the DBA company name. [5] X Trustworthy Source U. S. Small Business Administration U. S. government agency focused on supporting small businesses Go to source [6] X Research source

The registered agent must have a physical office in the state of Texas. This address will be public record, so you should not use your residence.

You can also register for temporary log-on privileges. You will not be able to file documents, but can perform the needed business entity search. [11] X Research source Perform your business name search with several variants on your proposed name. For example, if you search “Grandma’s Fudge” and don’t find it registered. Also search “Grandma’s Candy” or “Grandma’s Old-Tyme Fudge. " You want a name that is not confusing with another business and that you can use to create a vibrant and unique brand for your company. Also perform a web search for unregistered companies that might be using a similar name. In your favorite search engine type “my proposed business name” and “Texas. " While you won’t be prevented from registering the name, you should consider if you want to copy another company’s name.

By doing your work upfront of creating your business entity, determining a physical address, and performing a detailed name search, completing Form 503 will not take very long or require the assistance of an attorney. The initial Assumed Name Certificate is valid for ten years. The fee to file the certificate is $25. The Assumed Name Certificate can be filed electronically via SOSDirect, by mail to the address in the Form 503 instructions, or delivered in person to the James Earl Rudder Office Building in Austin, Texas.

The fee to register a trademark is $50 per product or service class. Trademark forms are complicated. It can be filed without an attorney, but it is strongly recommended you consult with an attorney if you have any questions. You must have your products and services well defined to fit within one of the 45 classes. [14] X Research source The interactive trademark form can be completed online and printed. It must be notarized before submission.

Add the phrase “[Business name] is registered to do business with the state of Texas and [county. ] If you file for trademarks, add “[Name] is a trademark of [Business Name] of [Address, City, Texas]” to your home page and About page.