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File a DBA or trade name

A DBA, also called a trade name or assumed name, lets a company present a name that is different from the legal name on its articles. County and state rules differ, and we tell you which office applies before we file.

A name, not a new company

The DBA does not create a second entity and does not replace the legal name. Contracts, the bank, and the state still see the company that was formed. The extra name is how you trade.

County or state

Some places take the filing at the secretary of state. Others take it at the county clerk. A few expect both. We identify the office for the state and county where you will use the name.

Tied to the real entity

You should already have the limited liability company or corporation, or be forming it with the name filing. A DBA does not give you a registered agent or an operating agreement on its own.

When a trade name is what you need

Owners file an assumed name when customers will see a brand that is not the legal name. A company called North Range Holdings LLC might trade as Peak Street Coffee. Invoices, the door, and the website can use the trade name, while the articles keep the legal name. Banks often want the account styled with both, such as the legal name followed by “DBA” and the trade name. What a particular bank accepts depends on that bank.

The filing does not reserve the name worldwide, and it does not check every trademark. Another business may already use a similar name in commerce even if the county clerk accepts your form. If the name matters as a brand, ask a trademark lawyer before you print signs. We are not a law firm, and we do not give an opinion on whether a name infringes. We check the filing office’s own index as part of preparing the form, and we tell you if that office shows an obvious conflict.

We name the office, then prepare the form

Rules are local. One state files trade names with the secretary of state. Another leaves assumed names to the county where you will do business. Some cities add a license that is not the DBA at all. Tell us the legal entity name, the trade name you want, and the state and county where you will use it. We tell you which office applies and what that office charges. We do not guess from a general article and file in the wrong place.

If we are forming the company at the same time, the published formation package is $99 plus the state filing fee for the entity. The DBA fee is set by the county or the state that takes the name filing, and it is separate. If you only need the name filing for a company that already exists, ask us and we will tell you our charge and the office fee before you commit. We will not publish a second package price here. After the name is on file, keep using the legal name where a form asks for it. The registered agent on the entity does not change just because you added a trade name.

Questions

Does a DBA protect the name?

It puts the name on file so you can show you are allowed to use it for that company in that place. It is not a trademark registration and it does not stop someone in another state from using a similar brand. Protection, if you need it, depends on trademark law and on your facts. Ask a trademark lawyer for that question. We handle the assumed-name filing.

Can I sign contracts using only the DBA?

Use the legal name, and add the trade name when you want customers to see it. Signing only the DBA can leave the other party unsure who the entity is. How a contract should be styled depends on the deal and, if you want advice, on your lawyer. The filing itself does not rewrite your articles or create a new company.