A DBA — doing business as — is the legal way to operate under a name that is not your own legal name or your company's registered name. The taquería run by a sole proprietor, the landscaper who wants to call himself Sun City Lawn Care, and the El Paso LLC that opens a second brand all need an assumed name certificate before a bank will open an account under that name or a customer can be invoiced with it. A DBA does not create a separate legal entity and does not protect you from liability; it simply makes the public record show who is really behind the name, which is what Texas law requires.
Assumed names are governed by Chapter 71 of the Texas Business and Commerce Code. Where you file depends on who you are. An individual, sole proprietor or general partnership files the certificate with the county clerk of each county where business is conducted — in our case the El Paso County Clerk. Since a 2019 amendment, a Texas LLC, corporation, limited partnership or other registered entity files Form 503 only with the Texas Secretary of State and no longer needs a county filing. A certificate is valid for up to ten years, must be renewed before it expires, and using an assumed name without one can bar you from suing on a contract until you comply.
The Law Office of Robert Navar handles DBA filings for El Paso individuals and companies on a small flat fee. We run the name against the Secretary of State database, the El Paso County records and the USPTO trademark register before filing, because a county clerk will accept a name that infringes a registered trademark and you will find out only when the cease-and-desist letter arrives. We then prepare the certificate, have it notarized where required and file it with the correct office. No court is involved. A filing that costs a few hundred dollars to get right is far cheaper than rebranding a business, reprinting signs and losing the goodwill you built on the wrong name.
County Clerk or Secretary of State? The most common DBA mistake
Before September 2019, an El Paso LLC had to file its assumed name in both places, and many older guides still say so. Today the rule is simple: registered entities file only with the Secretary of State on Form 503 for a $25 fee; unincorporated individuals and partnerships file only with the El Paso County Clerk, whose office on East Overland downtown records the certificate for a modest fee. Filing in the wrong office wastes money and, worse, leaves you without a valid certificate. If a sole proprietor later forms an LLC, the old county DBA does not transfer; the LLC must file its own Form 503.
What a DBA does not do
An assumed name certificate gives you no exclusive right to the name. Another El Paso business can file the identical DBA the next day, and a company in Dallas may already own a federal trademark on it. It also gives you no liability protection: a sole proprietor doing business as a trade name is still personally responsible for every debt and lawsuit. For owners who want the name protected, we pair the DBA with a trademark search and registration; for owners who want personal protection, we recommend LLC formation with the DBA filed by the LLC. We explain the options before you spend money on either.
What's included
- Name conflict search: Texas Secretary of State records, El Paso County assumed name index and USPTO trademark database
- Determination of the correct filing office under Business and Commerce Code Chapter 71
- Assumed name certificate prepared (Form 503 for entities, county form for individuals) with notarization where required
- Filing with the Texas Secretary of State via SOSDirect or with the El Paso County Clerk, filing fee paid
- File-stamped certificate delivered for your bank, vendors and licensing
- Ten-year renewal reminder and written advice on trademark and LLC options
How it works
Name search and filing office
Tell us the name you want and who will use it. We search the state, county and trademark records the same day and confirm whether you file with the El Paso County Clerk or the Secretary of State.
Certificate prepared and signed
We complete the assumed name certificate with the owner's legal name, address, business type and term. Individuals sign before our notary; entity filings are signed electronically by an authorized officer or member.
Filed and delivered
We file with the correct office and pay the fee. County filings are typically recorded the same week; SOSDirect filings return a file-stamped copy within a few business days. You receive the certificate ready for the bank.
