Before You Fall in Love With That Business Name

The Legal Reality Check Every Woman Founder Needs

By Attorney Asia Wright, The Wright Choice Firm

Reading time: About 6 minutes

Picture this: You've spent months perfecting your business name. It captures your mission perfectly. You can already see it on your dream client's contract, on that collaboration you've been manifesting, maybe even on a retail shelf.

You've registered your LLC, bought the domain, designed your logo. You're so ready to level up.

Years of doing business, marketing, and growing pass excitedly before you finally take the time to hire a lawyer to trademark your business name.

Instead of more happy news about the next stage of growth for your business. You get a devasting call from your attorney.

 Another company — one that's been quietly building their brand while you were building yours — already owns the federal trademark for a name that sounds just like yours. They sell similar products too…You’re devasted.

This isn't just a story. This just happened to one of my clients. And unfortunately, it happens more often than you'd think.

The Truth About Your LLC Registration (And What It Doesn't Protect)

Here's what nobody tells you when you're excitedly filing that LLC paperwork: Your state business registration doesn't check for trademark conflicts.

When Texas approves a business name, they're only ensuring no other Texas LLC has that exact name. They're not checking whether your desired name already holds a federal trademark. They're not verifying that a similar brand isn't already selling similar products on Amazon. That work is up to you.

What happens if you skip the step checking for name availability? The woman at the beginning of the story might end up being you.

 Because here's the legal reality: Once someone has federal trademark protection, they can stop anyone using a "confusingly similar" name in their industry. Even if you were using it first. Even if you had no idea they existed.

What "Confusingly Similar" Really Means (And Why It Matters More Than You Think)

The U.S. Patent and Trademark Office (USPTO) doesn't just protect exact name matches. They protect against buyer confusion.

If your ideal client hears both names and can't immediately tell the difference—or worse, assumes they're the same company—that's infringement territory.

The law looks at:

•        How the names sound when spoken aloud

•        Visual similarity in logos, fonts, and styling

•        The overall impression each brand creates

•        Product market overlap between the businesses (not do you sell the same thing, but could you sell the same things)

Dove soap and Dove chocolate, both totally fine! But "InkedUp" and "Ink’d↑" where one sells temporary tattoos and the other sells tattoo equipment? That's not creative differentiation. That's a lawsuit waiting to happen.

And trust me, you don't want to be on the receiving end of that letter when you're trying to scale.

The Real Cost of Getting This Wrong

Let's talk about what this actually looks like when it happens to you:

The immediate panic. Suddenly, every marketing dollar you've spent feels wasted. Every client relationship built under that name feels fragile.

The rebrand scramble. New domain, new social handles, new business cards, new packaging. If you've already invested in inventory, you're selling it off at a loss or covering labels with stickers.

The opportunity cost. While you're managing this crisis, you're not pitching that dream client or launching that new service line. You're in damage control mode.

The confidence hit. Just when you were feeling like a "real" business owner, you're back to feeling like you don't know what you're doing.

This is exactly what happened to my client. She was ready to order her next batch of labels when we discovered the conflict. What could have been a minor course correction in the naming phase is now a full operational pivot.

Your Power Move: Get Comprehensive Before You Get Committed

The most successful women founders I work with share one trait: They protect their vision before they promote it.

A comprehensive name availability search isn't just about avoiding problems—it's about claiming your space and feeling confident moving forward.

When you know your name is legally yours, you can:

•        Confidently invest in marketing

•        Boldly build relationships under a name you own

•        Negotiate partnerships from a position of strength

•        Scale without looking over your shoulder

•        Dare others to build a similar brand

Think of it as the legal equivalent of market research. You wouldn't launch a product without knowing your competition. Don't launch a brand without knowing your legal landscape.

What a Real Search Includes

Here's what I check when a client wants to secure their brand name:

•        Federal trademark database for exact and similar matches across all relevant categories

•        State trademark registries (because some protection exists at the state level)

•        Common law searches including business directories, social media, e-commerce platforms, and industry publications

•        Domain and social handle analysis to ensure consistent branding is possible

•        Industry-specific screening to catch conflicts in adjacent markets that could affect your growth plans

This isn't a quick Google search. It's a strategic review that gives you the full picture before you make the commitment.

If You're Already Building Under an "Iffy" Name

Maybe you're reading this and thinking, "Too late—I already have business cards printed."

Here's what I tell my clients: You have more options and more time than you think.

•        You can file a simple name amendment with your state (about $150 in Texas) without losing your business history

•        You can create a DBA to test new names while maintaining operations

•        You can strategically phase out old inventory while introducing the new brand

•        You can turn a rebrand into a marketing moment that builds excitement with your audience!

The key is acting strategically, not reactively. This is a business pivot, not a business failure, and a pivot that I’d be happy to help you with.

Your Next Move: Protect Your Vision

If you're in the naming phase, on the verge of a rebrand, or second-guessing the name you're already using, this is your moment.

A comprehensive name availability search gives you what every confident founder needs: reasonable assurance.

Because your business name isn't just a label. Your brand name is the foundation of everything you're building. And foundations matter most when you're scaling up.

Ready to secure your brand name? My Comprehensive Name Availability Search includes everything you need to move forward with confidence.

Stop second-guessing. Start building on solid ground.

Order your comprehensive name search through the Products page of The Wright Choice website.

Essential Requirements Before Filing Your Certificate of Formation in Texas

Starting a business in Texas requires careful preparation before submitting your Certificate of Formation. By gathering the necessary information and completing required steps beforehand, you can avoid delays, prevent rejections, and ensure a smooth filing process.

Pre-Filing Checklist

Before you begin, ensure you have completed these essential steps:

Name Verification

• Confirm your business name is available through Texas SOSDirect

• Check for federal trademark conflicts on USPTO.gov

• Prepare 3-5 alternative name options

Registered Agent Requirements

• Designate a registered agent with a physical Texas address

• Ensure availability during business hours for document receipt

Business Information Assembly

• Compile all required addresses and contact information

• Determine your management structure

• Identify governing persons and their roles

1. Secure an Available Business Name

Texas law requires each business entity to have a unique name that's distinguishable from existing registered entities. Your name verification process should include multiple searches to avoid conflicts.

Search Process: Start with a general internet search to identify potential conflicts with existing businesses operating in Texas or your industry. Next, use the SOSDirect Name Availability Search on the Texas Secretary of State's website to confirm the name isn't already registered. Finally, search the USPTO database to ensure your chosen name doesn't conflict with existing federal trademarks.

Legal Designations: Texas requires specific designations in business names. Limited liability companies must include "Limited Liability Company," "L.L.C.," or "LLC" in their legal name. Corporations must incorporate "Corporation," "Incorporated," "Corp.," or "Inc." Missing these required designations will result in automatic rejection of your filing.

Backup Options: Develop several alternative names before preparing your filing. Having multiple options ready prevents delays if your primary choice is unavailable, allowing you to maintain momentum in the formation process.

2. Designate Your Registered Agent

Every Texas business entity is required to maintain a registered agent who serves as the official point of contact for legal documents, tax notices, and service of process. This appointment is mandatory and must meet specific requirements.

Registered Agent Requirements: Your registered agent must maintain a physical street address within the state of Texas. Post office boxes are not acceptable for this purpose. The agent must also be available during standard business hours to receive important documents and correspondence.

Your Options: You may serve as your own registered agent if you meet the residency and availability requirements. However, please note that this address will be publicly available. Alternatively, you can hire a professional registered agent service, which many business owners prefer for privacy and reliability reasons.

3. Compile Required Business Information

The Certificate of Formation requires specific details about your business structure and key personnel. Organizing this information beforehand streamlines the filing process and reduces errors.

Essential Information: You'll need your principal business address, which must be a physical location rather than a P.O. box. Provide complete registered agent information, including name and physical address. Include names and addresses of all LLC members and managers, or corporation directors and officers, depending on your entity type.

Privacy Considerations: The names and addresses of members, managers, directors, and officers become part of the public record upon filing. You may use P.O. boxes for these individuals' addresses if privacy is a concern; however, the registered agent's address must remain a physical location.

Management Structure: For LLCs, specify whether your company will be member-managed or manager-managed. This decision affects how your business operates and who has the authority to make binding decisions on behalf of the entity.

Moving Forward

Proper preparation significantly improves your chances of a successful filing. Take the time to thoroughly verify name availability, secure an appropriate registered agent, and organize all required information before beginning the process of filing your Certificate of Formation. This methodical approach helps establish your business entity efficiently and positions you for future success.

For guidance tailored to your specific business situation, schedule a consultation with an attorney to ensure your formation documents meet all legal requirements and align with your business goals.