• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Advertise
  • Submissions
  • About Us
  • Contact Us
  • Apr 12, 2021
  • Startup
    • Creating a Plan
    • Funding a Startup
    • Franchise Center
    • Getting Your Office Ready
    • Making Your Business Official
    • Marketing Your New Business
    • Personal Readiness
  • Run & Grow
    • Customer Service
    • Human Resources
    • Innovation
    • Legal
    • Operations
    • Risk Management
  • Leadership
    • Best Practices
    • Communication
    • Green Initiatives
    • Open Culture
    • Strategic Planning
    • People Skills
  • Sales & Marketing
    • Advertising and Lead Generation
    • Marketing Innovations
    • Marketing Plans
    • Online Marketing
    • Relationships
    • Sales Activities
  • Finance
    • Budgeting and Personal Finance
    • Payments and Collections
    • Tax and Accounting
    • Pricing Strategy
    • Working with Investors
    • Working with Lenders
  • Tech
    • eCommerce
    • Hardware
    • Software
    • Security
    • Tech Reviews
    • Telecom
  • Shop

SmallBizClub

Helping You Succeed

Tax Bandits banner
Home / Startup / Making Your Business Official / How Does a Business Adopt a “Fictitious Name” or DBA?
How Does a Business Adopt a “Fictitious Name” or DBA?

How Does a Business Adopt a “Fictitious Name” or DBA?

9334 Views

Dec 15, 2012 By Deborah Sweeney

Depending upon the jurisdiction, you will have to file your “fictitious name” or “DBA” (“doing business as”) or “assumed name” or “trade name” (check your state to see what term it uses) with the Secretary of State or county clerk. The process is generally simple. After performing a search through the agency’s database to ensure that the name is not being used by another, you submit a simple form with its applicable fee (generally nominal). A minority of states require you to publish a notice of your name with a local newspaper. One important thing to remember: your registered name has an expiration date (different length depending on jurisdiction), so be sure to renew your name or else face losing the rights to the name.

 

Determining Whether Your Business Needs a DBA

There are many reasons why a business may want a DBA. For sole proprietors and partnerships, the legal name of their business is their personal name (for partnerships, it is generally the last names of the partners). For those who do not want to use their personal name as their business name, a DBA may be of some value. Although the legal name of the business is still under the owner’s personal name, the business being conducted can be under a DBA (e.g., advertising, branding, mailings, etc.).
 
Many states require a business to register an assumed or fictitious name with the state or local government to legally conduct business under that name. For the few states that do not require registration, it is still advantageous to register the assumed or fictitious name with the local government to give some (albeit little) legal protection to prevent others from using the name. Also, filing your DBA may allow you to open a business bank account under the business name.
 
For franchise owners, a DBA may be necessary to ensure that your business can be conducted under the franchise name. If a corporation or LLC wants to conduct multiple businesses under different names or prefers using a different business name than the corporation or LLC name, a DBA must be filed.
 

Trademark/Legal Issues

Registering for a DBA does not give you full trademark protection, and it does not necessarily protect you from any liability for using your business name. Just because you register your DBA with the government does not prevent other businesses from using your business name. Most jurisdictions do not allow the registration of two of the same fictitious names, but some jurisdiction do. Furthermore, the fact that you are able to register a DBA does not necessarily mean you are clear from any infringement violation. Unregistered trademarks (trademarks that use the superscript, “™”), as the name implies, are not registered with any government agency or office, and these trademarks still retain some property rights. A careless business owner may unintentionally find him or herself stuck in a lengthy lawsuit over the fictitious business name they thought was okay. To avoid this, careful research on whether your business name is being used in your geographic area (and beyond) should be made.
Once you are satisfied that your fictitious business name does not infringe upon anybody’s rights, you may consider taking the next step to completely protect your business name, registering your name as a trademark with the state or with the federal government (if possible).

Filed Under: Making Your Business Official Tagged With: DBA, DBA Doing Business As How Does a Business Adopt a Fictitious Name Secretary of State Trademark Legal Issues, Intellectual Property, Liability

Deborah Sweeney

Deborah Sweeney

Deborah Sweeney is the CEO of MyCorporation.com. MyCorporation is a leader in online legal filing services for entrepreneurs and businesses, providing start-up bundles that include corporation and LLC formation, registered agent, DBA, and trademark & copyright filing services. MyCorporation does all the work, making the business formation and maintenance quick and painless, so business owners can focus on what they do best. Follow her on Twitter @deborahsweeney and @mycorporation.

Related Posts

  • You’re Being Sued for a Work Accident: Here’s What to Do 
  • Do I Still Need Insurance If My Business is Closed?
  • Don’t Believe the Myths Around Director’s and Officer’s Liability

Primary Sidebar

From the Editor’s Desk…

What We’re Reading

Leading With Gratitude, by Adrian Gostick and Chester Elton
Research shows that grateful bosses have happier more productive workiers and they fare better themselves. Here’s how to do gratitude right

Working From Home: Making the New Normal Work For You, by Karen Mangia
Look good on Zoom; When to accept meetings; How to pass on new workloads, and other helpful tips.

Blue Collar Cash: Love Your Work, Secure Your Future, by Ken Rusk
Guidance to those who want to skip the student loans and 4 years and pursue blue-collar careers that lead to success, from someone who did it.

Making Conversation, by Fred Dust
When work meetings become joyless time suckers, here’s advice for conversations designed to move things forward with clarity and context.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter
Suscribe to our newsletter

Run & Grow

4 Ways to Best Support Curbside Operations

Apr 12, 2021 By Eleanor Hecks

Fixing the Roadblocks to Remote Work

Apr 9, 2021 By Brian Wallace

10 Ways to Build Your Company’s Reputation

Apr 8, 2021 By Jeremy Bowler

Selling Your Business? Avoid These 4 Big Mistakes

Apr 7, 2021 By Usman Raza

Footer

About Us

Small Biz Club is the premier destination for small business owners and entrepreneurs. To succeed in business, you have to constantly learn about new things, evaluate what you’re doing, and look for ways to improve—that’s what we’re here to help you do.

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Copyright © 2021 by Tarkenton Institute, Inc. All Rights Reserved | Terms | Privacy