How to Prepare And File a Fictitious or DBA Name
This Filing is Required by Most States When Conducting Business Under a Different Name From Your Legal Business Name
What is a Fictitious Business Name?
A Fictitious Business Name is a name that you conduct business as that differs from the official, registered name of your business. These names normally need to be filed with your Secretary of State, or any other governing body of business formation. Fictitious Business Names do not usually carry over from state to state, so you will need to file your fictitious names in all states you do business.
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Why Businesses Choose to Use Fictitious Business Names
Some business owners operate under their legal business names. Others opt to use different names. Here are some situations when having an alternate name may come in handy:
Incorporating in multiple states
Some businesses may find themselves incorporating in multiple states, but wanting their business name to reflect specific locations. For example: “Tampa Bay Massage”, “Atlanta Massage”. Even within the same state, you may want your name to reflect different locations. Under these circumstances, fictitious names come in handy.
Expanding or changing of products or services
Sometimes, your business evolves. When this happens, you may want to operate under a new name. For example, if you own a business called “Terry’s Paints”, but you switch to a service based painting business, you may want to operate under the name, “Terry’s Painting Solutions”.
Privacy
If you filed a legal business name that’s similar to your own, you may want to use a fictitious name for personal privacy reasons.
Fictitious Business Names Are Also Known As
Trade Name
Assumed Business Name
Doing Business As Name
Different states use different terms for a Fictitious Business Name. In Maryland, an FBN is referred to as a “Trade Name”. In Illinois, they’re called “Doing Business As” names. Whatever the term, they all do the same thing – allow your business to operate under a different name from its legal name.
How To File Your Fictitious Business Name Yourself
Want to file yourself? Here’s how:
1. Find out what state entity you form a business with (usually Secretary of State).
2. Go to the appropriate website and find the section on DBA, trade, fictitious or assumed names.
3. Download the necessary forms.
4. Fill in all the relevant details on the form.
5. Submit the form. Some states allow online filing. In others, you’ll need to fax it or mail it.
6. Pay the filing fee.
Sometimes, fictitious business names can be formed on a county level. If this is the case, you'll likely have to register with each county the fictitious name is used.
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Fictitious Name Search
Is your fictitious name available? Do a quick search to see if names are taken on your state authority’s website.
Protecting Your Business Name
Fictitious names don’t protect your business name. The best way to secure your business name is by legally forming an LLC or corporation. However, if you want an extra step of security, trademark your business name.
Leave it to us by using our affordable trademark search and registration service. We make it simple to protect all of your business names.
Which States Allow Fictitious Business Names?
Not all states allow fictitious business names. Find out which do, and which don’t below – along with the costs and appropriate forms for each state.
State | Fictitious Names Available? | Necessary Form & What Fictitious Names Are Known As |
State Fees to Register Fictitious Name |
---|---|---|---|
Alaska | |||
Alabama | |||
Arkansas | $23 | ||
Arizona | |||
California | DBA | $0 | |
Colorado | Statement of trade name | $20 | |
Connecticut | |||
Washington DC | Trade name registration | $55 | |
Delaware | Registration of trade, business & fictitious name certificate | $25 | |
Florida | Fictitious name registration | $50 | |
Georgia | |||
Hawaii | Registration of trade name | $50 | |
Iowa | Ficitious name resolution | $5 | |
Idaho | Certificate of assumed business name | ||
Illinois | Assumed name adoption | $140 | |
Indiana | Assumed business name | $20 | |
Kansas | |||
Kentucky | Certificate of assumed name | $20 | |
Louisiana | Application to register trade name | ||
Massachusetts | |||
Maryland | Trade name application | $75 | |
Maine | Statement of intention to do business under an assumed or fictious name |
$125 | |
Michigan | Certificate of assumed name | $25 | |
Minnesota | Assumed name | $50 | |
Missouri | Registration of fictious name | $7 | |
Mississippi | Fictious name registration | $25 | |
Montana | Assumed business name registration | $20 | |
North Carolina | Assumed business names | $26 | |
North Dakota | |||
Nebraska | Trade name registration | $100 | |
New Hampshire | Trade name registration | $52 | |
New Jersey | Registration of alternate name | $53 | |
New Mexico | |||
Nevada | Fictitious firm name | $25 | |
New York | Certificate of assumed name | $125 | |
Ohio | Fictitious name registration | $39 | |
Oklahoma | Trade name | $25 | |
Oregon | Assumed business name registration | $50 | |
Pennsylvania | Registration of fictitious name | $70 | |
Rhode Island | Fictious business name statement | $50 | |
South Carolina | |||
South Dakota | Fictitious name registration | $10 | |
Tennessee | Assumed name | $20 | |
Texas | Certificate of assumed business name | ||
Utah | DBA | $22 | |
Virginia | |||
Vermont | Trade name | $50 | |
Washington | |||
Wisconsin | Trade name | $15 | |
West Virginia | Trade name | $25 | |
Wyoming | Trade name | $100 |
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Frequently Asked Questions About Filing a Fictitious Business Name
Can I File a Fictitious Name Instead of Forming a Business?
Yes. However, you won’t have the legal protection or the benefits that come with legal busiiness formation. If you want that, you’ll need to formally create a separate business entity. If you need help with that, we’ve got your back.
I Don't Know Where to File My Fictitious Name
Some states refer to fictious names by different terms. Some states call them trade names. Others call them doing business as names. Some states don’t allow them at all. You can find the appropriate information in the table above. You can also use our helpful state-by-state guides for LLCs and corporations.
Do I Have to Choose Between My LLC Name and My Fictitious Business Name?
No. You can use both interchhangeably. But, this may create confusion among the people your business interacts with.
Does Filing a Fictitious Name Mean Nobody Else Can Use It?
No. If you haven’t legally formed a business, another business entity or person can take your fictitious name.