Fictitious Business Name (DBA): What It Is and How to File

A fictitious business name is any name you do business under that isn't your own legal name, or your company's. It goes by several names, depending on the state: DBA ("doing business as"), assumed name, assumed business name or trade name. If you're Maria Lopez and you clean houses as "Bright Nest Cleaning," that's a fictitious business name, and in most states you have to register it.

This guide explains what a fictitious business name is, who needs one, how to file it, what it costs, and what it does and doesn't do for you.

What a fictitious business name is

Every business has a legal name:

• A sole proprietor's legal name is the owner's full name: Maria Lopez.
• A general partnership's legal name is usually the partners' last names.
• An LLC's or corporation's legal name is the name on its formation documents, including LLC or Inc: Bright Nest LLC.

Any other name you use to sell, advertise, sign contracts or take payments is a fictitious name. "Bright Nest Cleaning" for Maria Lopez, or "Golden Crust Bakery" for Bright Nest LLC, both count.

Filing a fictitious business name statement makes the link between the name and the real owner public. Customers, suppliers and courts can look up who is behind "Bright Nest Cleaning." That's the main purpose of the law: transparency, not brand protection.

DBA vs. LLC vs. trademark

These three are often confused. They do different jobs:

• A DBA says "this name belongs to this person or company." It doesn't create a separate business, doesn't limit your liability, and usually doesn't stop others from using the name.
• An LLC (or corporation) is a separate legal entity. It protects your personal assets from business debts and lawsuits, and registering it reserves its exact name in your state.
• A trademark gives you rights to stop others from using a confusingly similar name for similar goods or services. Federal registration with USPTO covers the whole country.

Many businesses end up with all three: an LLC for liability, a DBA to trade under a shorter or different name, and a trademark for the brand.

Who needs to file a fictitious business name

You generally need to file if:

• You're a sole proprietor using any name other than your own full name. "Lopez Cleaning" may or may not count, depending on the state; "Bright Nest Cleaning" always does.
• You're a partnership using a name other than the partners' names.
• You have an LLC or corporation and use a name other than its exact legal name, for example Bright Nest LLC trading as "Golden Crust Bakery."

You usually don't need one if you trade under your exact legal name. Rules vary, so check your state.

Why it's worth filing

Beyond being required in most states, a fictitious business name lets you:

• Open a business bank account in the business name. Most banks ask for the filed statement.
• Accept payments made out to the business name.
• Sign contracts and invoices under the brand.
• Stay legal. Doing business under an unregistered name can bring fines and, in some states, keeps you from suing in court until you file.
• Run several brands from one LLC, each under its own DBA, without forming a new company for each.

How to file a fictitious business name

The steps are similar across states:

1. Find out where to file. Depending on the state, you file with the county clerk where your business is, with the Secretary of State, or both. Search "[your state] fictitious business name" or "[your state] assumed name filing."
2. Check that the name is available. Search the state's or county's fictitious name index and the business entity registry. See our guide on how to check if a business name is taken, which also covers trademarks.
3. Fill out the form. You'll typically give the fictitious name, your legal name or company name, the business address, the type of business and the owners' names. Many states and counties take filings online.
4. Pay the fee. Fees are usually modest, often somewhere between about $10 and $150 depending on the state and county.
5. Publish a notice, if your state requires it. Some states, including California, require you to publish the filing in a local newspaper for a few weeks after you file and to file proof of publication. The county clerk can tell you which papers qualify.
6. Keep the filed statement. Your bank will ask for it.

How long a fictitious business name lasts

Most filings expire and must be renewed, often every five years, though it varies by state; some never expire. You usually also have to file an amendment or a new statement if the owners, the address or the business type change, and you can file to abandon a name you no longer use. Put the renewal date in your calendar the day you file.

What a fictitious business name doesn't do

This is where most people get surprised.

• It doesn't protect the name. In many places, filing doesn't stop anyone else from registering or using the same name. Someone in the next county may file the same DBA tomorrow.
• It doesn't create trademark rights. If another business has a trademark on a similar name in your industry, your DBA filing won't save you. Search USPTO before you file.
• It doesn't limit your liability. A sole proprietor with a DBA is still personally responsible for the business's debts. For liability protection, form an LLC or corporation.
• It doesn't give you a tax ID. Sole proprietors can often use their Social Security number, but many get a free EIN from the IRS to open accounts and pay contractors.

DBA or LLC: which do you need?

If you're starting small and alone, a DBA is the cheapest way to trade under a brand name. It costs little, takes a day or two, and you can add an LLC later.

Choose an LLC instead, or as well, if:

• You have real liability risk: clients' homes, physical work, employees, contracts with big customers.
• You want a business name reserved in your state.
• You have partners and want a clear structure.

Many owners do both: form "Bright Nest LLC" and file DBAs for each brand it runs. Your state's small business office or the SBA can help you weigh the options for your situation.

Fictitious business name FAQ

Is a DBA the same as a fictitious business name? Yes. DBA, fictitious business name, assumed name and trade name all refer to the same filing; states just use different terms.

Can I have more than one DBA? Yes. One person or company can file several, one per name.

Do I need a DBA for an online store? If the store's name isn't your legal name, usually yes. It's the name you sell under that matters, not where you sell.

Can I file a DBA for a name someone else has trademarked? The clerk may accept your filing, but the trademark owner can still stop you from using it. Check trademarks first.

Next steps

1. Choose and check your name. If you're still deciding, try the business name generator, or read how to come up with a business name.
2. Register the .com and the social handles.
3. File your fictitious business name with your county or state, and publish the notice if required.
4. Open your business bank account with the filed statement.

This guide is general information, not legal advice. Rules and fees vary by state and county, so check with your county clerk or Secretary of State before you file.