• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Legal Templates

Legal Templates
  • Business Forms
    • Business Formation
      • LLC Operating Agreement
      • Articles of Incorporation
      • Shareholder Agreement
      • Partnership Agreement
      • Business Purchase Agreement
      • Joint Venture Agreement
      • Single-Member LLC Operating Agreement
    • Business Operations
      • Letter of Intent
      • Non-Disclosure Agreement (NDA)
      • Non-Compete Agreement
      • Invoice Template
      • Purchase Order
      • Hold Harmless Agreement
      • Release of Liability Form (Waiver)
      • Buy-Sell Agreement
      • Construction Contract
      • Licensing Agreement
    • Employment
      • Independent Contractor Agreement
      • Employment Contract
      • Freelance Contract
      • Leave of Absence Letter
      • Leave of Absence Agreement
      • Resignation Letter
    • Cease and Desist Letter
      • Copyright Infringement
      • Debt Collection
      • Defamation
      • Harassment
      • Trademark Infringement
  • Real Estate Forms
    • Lease Agreements
      • Lease/Rental Agreement
      • Sublease Agreement
      • Room Rental Agreement
      • Month-to-Month Lease Agreement
      • Commercial Lease Agreement
      • Short Term Lease Agreement
      • Land Lease Agreement
      • Lease Renewal
      • Lease Amendment
    • Lease Termination Letter
      • Eviction Notice
      • Notice to Vacate
      • Early Lease Termination Letter
      • Late Rent Notice
    • Deeds & Property
      • Warranty Deed
      • Mortgage Deed
      • Quitclaim Deed
      • Deed of Trust
      • Mechanic’s Lien
      • Property Management Agreement
    • Rental Application
    • Real Estate Purchase Agreement
    • Employment Verification Letter
  • Estate Planning Forms
    • Power of Attorney
      • Medical Power of Attorney
      • Durable Power of Attorney
      • Revocation of Power of Attorney
    • Wills
      • Living Will
      • Last Will and Testament
      • Codicil to Will
    • Advance Directive
    • Living Trust
    • DNR Form
  • Finance Forms
    • Loans
      • Promissory Note
      • Loan Agreement
      • IOU
      • Demand For Payment Letter
    • Bill of Sale
      • Vehicle Bill of Sale
      • Boat Bill of Sale
      • Firearm Bill of Sale
      • Horse Bill of Sale
      • Trailer Bill of Sale
    • Sales & Purchases
      • Sales Agreement
      • Purchase Agreement
      • Gift Affidavit
      • Stock Purchase Agreement
  • Personal/Family Forms
    • Affidavits
      • Affidavit of Death
      • Affidavit of Domicile
      • Affidavit of Heirship
      • Affidavit of Identity
      • Affidavit of Residence
      • Affidavit of Service
      • Affidavit of Title
      • Financial Affidavit
      • Gift Affidavit
      • Small Estate Affidavit
    • Marriage
      • Divorce Agreement
      • Prenuptial Agreement
      • Cohabitation Agreement
      • Separation Agreement
      • Postnuptial Agreement
    • Child & Pet Forms
      • Child Medical Consent
      • Child Travel Consent Form
      • Child Custody Agreement
      • Pet Care Agreement
    • Medical Records Release Form
  • Resources
    • All Legal Documents
    • Article Categories
      • Business
      • Estate Planning
      • Financial
      • Personal & Family
      • Real Estate
  • Help
    • Email Us
    • Contact Us
    • About Us
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out
  • Help
    • Contact Us
    • Email Us
    • About Us
    • (855) 335-9779 Monday-Friday, 10AM - 6PM EDT
  • Sign In
  • :email
    • Dashboard Home
    • My Account
    • My Billing History
    • Sign Out

Home Resources Business Trade Name Registration (DBA)

Trade Name Registration (DBA) – Everything You Need to Know

Published November 11, 2015 | Written by Susan Chai, Esq.

McDonald's Brand

1. The Basics: What is a Trade Name Registration?

A Trade Name Registration or DBA Registration (Doing Business As) is used if you are a sole proprietor, partnership, or incorporated company doing business with a name different from your personal name or legal name. Most states and some counties require you to register your business name so customers and other companies can identify you.

A trade name is the official name used to do business. It is also known by the abbreviations DBA, D.b.a., dba, d.b.a., or d/b/a, which all mean “doing business as”. For example, Jane Doe as an individual can do business as (d/b/a) “Jane’s Bed & Breakfast”.

A simple Trade Name or DBA Registration will identify the following basic elements:

  • Name: name of business known to the public
  • Date of Formation: when the company was formed
  • Nature of Business: the types of products or services provided
  • Owner Name: the legal entity or person that owns the company
  • Notary Public: some states may require the signature of a notary public

As a reference, people call a DBA Registration by other names:

  • Assumed Name Statement
  • Assumed Business Name Certificate
  • Business Name
  • Business License Application
  • Fictitious Name
  • Fictitious Business Name (FBN)
  • Fictitious Business Name Statement
  • Trade Styles
  • Trading Name

2. When This Document is Needed

A DBA Registration is needed when an individual business owner, partnership, or legally recognized company wants to use a more simple or attractive business name when interacting with the public. A more consumer-friendly name is often used for branding purposes, business operations, and public communications. In contrast, the company’s name listed in the Articles of Incorporation is the legal name, which is used for legal agreements and lawsuits.

Not all states require a DBA registration.

If you are a sole proprietor or individual business owner, your default business name is your personal legal name. For example, Adam Smith can only operate his business using his personal name. If he wants to operate a bakery under the name “Awesome Cookies”, he will need a DBA or Trade Name Registration because his actual legal name does not appear in the business name.

Similarly, if you are part of a partnership, your default business name is both or all of your actual legal names. For example, Adam Smith and Betty Thompson could operate a business called “Smith & Thompson” but would need a DBA registration to operate a food truck called “Tasty Tacos” because their legal names do not appear in the business name.

Finally, if you own a corporation, your default business name is the legal name officially registered with the Secretary of State. Legally registered companies must use a corporate suffix like Co., Inc., or Ltd. In contrast, a DBA Registration allows to you use a more simple or catchy trade name like “Fancy Flowers” instead of the official legal name.

No Trade Name Registration for Legal Names

Trade Name Registration for Unique Names

Sole ProprietorSole Proprietor
  • Adam Smith's Bakery
  • Awesome Cookies
PartnershipPartnership
  • Adam Smith & Betty Thompson Enterprises
  • Tasty Tacos Food Truck
CorporationCorporation
  • Best Company Inc.
  • Fancy Flowers

First come first serve! The right to use a trade name belongs to the company who first uses it with their business operations.

3. The Consequences of Not Using This Document

Many states or counties protect consumers by requiring companies file a DBA Registration when a business name is used. Additionally, most banks require a DBA statement before allowing you to open a business bank account under your trade name.

Here are some of the consequences if you do not use a Trade Name Registration to operate your business under a unique name:

  • Unable to open a business bank account or obtain a business loan
  • Unable to accept payments made to your company’s business name
  • Unable to advertise or market to the public with your name
  • Unable to easily expand your business without creating separate entities for each one
  • Personal information and accounts exposed to the public
  • Business information and accounts are mixed with your personal ones
  • Confusingly similar name is used by a competitor
  • Trademark registration application loses weight without proof of being in business first

A DBA Registration is not the same as a trademark assignment agreement. If you want to legally protect your name, consider applying for a state trademark and/or federal trademark.

4. The Most Common Situations

According to the U.S. Small Business Administration, a DBA registration is needed in the following situations when the real name of the owner(s) or corporation is not used for business:

  • Sole Proprietors
  • Partnerships
  • Existing Corporations
  • Existing LLCs

Trade Name Registrations are usually good for five years and can be renewed at the end of that period. Be sure to check the requirements of your state and local laws.

The most common Trade Name Registration situations include the following:

  • Consumer-friendly branding campaign
  • Franchisee owns or operates a chain or franchise
  • File a lawsuit on behalf of your business
  • Create multiple businesses to the public owned by one legal entity
  • Provides a record to all owners of a business of the name
  • Put other businesses on notice that a particular name is already in use
  • Notify consumers that the business is genuine and not part of fraudulent activity
Old-Spice-Branding
Old Spice’s “Smell Like a Man, Man” campaign.

Here are the legal names and trade names of some well-known companies:

Legally Registered Name

Registered Trade Name

  • Eastman Kodak Company
  • Kodak
  • McDonalds Corporation
  • McDonalds
  • BellSouth Telecommunications, Inc.
  • AT&T
  • The Coca-Cola Company
  • Coca-Cola
  • The Walt Disney Company
  • The Walt Disney Studios

5. What Should be Included in This Document?

A basic Trade Name or DBA Registration should answer:

  • Who is the business owner and who else has an interest in the business
  • What kind of goods, services, or businesses will be provided under the name
  • Where is the company located and registered to do business
  • When was the name first used in the state (if at all)
  • How will the name be used in commerce

Some states require a fee to register a business name. Other states require the name be published in a local newspaper so the general public is notified of the recent business name filing (i.e. California and Nebraska).

Susan Chai, Esq.

Susan Chai is an attorney with over 10 years of experience in the legal field, seven of those years spent practicing law. Her legal career includes in house counsel for a financial services company...

Related Articles

  • How To Successfully Start a Nonprofit Business in 6 Steps
  • Benefits of an LLC: Advantages and Disadvantages Explained
  • How to Form an LLC
  • Texas LLC: 8 Steps for Forming an LLC in Texas
  • How Are Limited Liability Companies (LLCs) Taxed?

In This Article

  • The Basics: What is a Trade Name Registration?
  • When This Document is Needed
  • The Consequences of Not Using This Document
  • The Most Common Situations
  • What Should be Included in This Document?

Free LLC Operating Agreement

Use our LLC Operating Agreement to identify your business as a limited liability company and establish how it will operate.

Get Started

Legal Documents

  • All Legal Forms
  • Bill of Sale Forms
  • Quitclaim Deed
  • Cease and Desist
  • Last Will and Testament
  • Articles of Incorporation

Popular Forms

  • Lease Agreements
  • Power of Attorney Forms
  • Eviction Notice
  • Living Will
  • Non-Disclosure Agreement

Resources

  • Business
  • Estate Planning
  • Financial
  • Personal & Family
  • Real Estate

Company

  • Home
  • Blog
  • About Us
  • Contact Us
  • Partner With Us

Users

  • Account
  • Pricing
  • Terms of Use
  • Privacy Policy
McAfee - Together is power.
Trustpilot
BBB Accredited Business

(855) 335-9779, Monday-Friday, 10AM - 6PM EDT

Facebook Twitter LinkedIn

Copyright 2021 Legal Templates LLC. Legal Templates LLC is not a lawyer, or a law firm and does not engage in the practice of law. Legal Templates cannot and does not provide legal advice or legal representation. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. Use of this site is subject to our Terms of Use.