A DBA (sometimes called a fictitious or assumed name) lets sole proprietors and formal business entities conduct business under a name that is different than their legal name.

  • Sole proprietors must file a DBA if they want to get a separate business bank account.
  • A DBA may work better for marketing and branding than using your personal name or using a legal company name if it does not quite match the nature of your business.
  • If your business is a legal entity, like an LLC, you can file multiple DBAs to operate different businesses without having to create a new entity each time.

How to File a DBA Correctly

To make sure you’re handling the name of your business according to applicable law, be sure to take the following steps.

1. Determine if you need a standard DBA or a Federal Trademark.
2. Determine where to file. Depending on the location and nature of your business, you may need to file with your county, state or the U.S. Patent and Trademark Office.
3. Search state and federal databases to make sure the name you want to use will not violate an existing DBA filing or a federally registered trademark.
4. Locate and fill out and submit the appropriate government forms.
5. Pay filing fees. Typically $10-$100 for standard DBAs, more for trademarks.
6. Respond to any inquiries from the agency reviewing your application.

Rather than stress and guess, join LegalShield today and your lawyer will make the entire business naming and filing process as painless as possible.

Dealing With Existing Trademarks and Name Conflicts

If there is an existing company using the same or similar name you want to use, you may have a select a new name. If you have been contacted by another company that claims you are using their name, it’s a good idea to get legal advice as soon as possible.

  • What should I do if the two names are an exact match?
  • If the name I want to use sounds similar, is that ok?
  • How do you conduct business name searches in the first place?

An experienced business lawyer can clarify your options and guide you through the naming process to ensure you’re doing everything correctly and protecting your business.