A DBA, commonly referred to as an assumed name, trade name, or fictitious business name, is a name under which a person or business conducts business that is different from its legal name.
For example, an individual, sole proprietor, or general partnership, may use a DBA to conduct business under a business name rather than the individual’s personal legal name. A corporation, limited liability company, partnership, or other registered business entity may use a DBA to operate under a name that is different from the name appearing on its formation or registration documents.
A DBA does not create a separate legal entity and generally does not provide liability protection. It also does not, by itself, change the legal name of the individual or entity using the name. Instead, it publicly identifies the name under which the person or business is operating.
DBA filing requirements vary by state and sometimes by county, city, or other local jurisdiction. Depending on the jurisdiction, the filing may be called a Certificate of Assumed Name, Trade Name Registration, Fictitious Business Name Statement, Doing Business As filing, or similar name.
DBA requirements may depend on several factors, including:
- The legal name of the person or entity using the DBA;
- The proposed assumed, trade, or fictitious name;
- The state or local jurisdiction where the name will be used;
- The type of business entity involved;
- Whether the name is distinguishable or available under applicable rules;
- Whether publication is required; and
- Whether the filing must be renewed periodically.
DBAs are commonly used when a business wants to operate under a brand name, division name, store name, product line, or public-facing business name that differs from its legal name. For example, a corporation or LLC may keep its formal legal name for state records while using a DBA for marketing or customer-facing purposes.
Some states require DBA filings at the state level, while others require filings at the county or local level. Certain jurisdictions may also require proof of publication in a newspaper or other additional steps after filing. Because filing requirements vary significantly, the appropriate filing office and procedure should be confirmed before using the name.
Registering a DBA does not necessarily grant exclusive rights to the name and may not provide trademark protection. Businesses seeking broader name protection should consult with an attorney regarding trademark availability and registration.
Click here to register a DBA for your company or individually.
