Doing Business As (DBAs)

What is a DBA?

A “Doing Business As” (DBA) name, also known as a trade name or fictitious name, is an alternative name that a business uses to operate and present itself to the public. A DBA allows a business to conduct operations under a name other than its legal name. This can be useful for branding purposes or when a business operates multiple lines of business under different names.

Benefits of Using a DBA

  1. Branding Flexibility: A DBA allows businesses to create a distinct brand identity without changing the legal business name. This is useful for marketing and differentiating products or services.

  2. Business Expansion: DBAs enable a business to operate under different names for various product lines or services, providing flexibility as the business grows and diversifies.

  3. Simplified Operations: Using a DBA allows businesses to open bank accounts, sign contracts, and conduct transactions under the trade name, which can streamline operations and enhance professionalism.

  4. Legal Compliance: Registering a DBA ensures that the business operates legally under the chosen trade name and prevents other businesses from using the same or similar name.

Legal and Operational Considerations

  1. Register the DBA Name: To legally operate under a DBA, you must register the name with the appropriate state or local authority. This process typically involves filing a registration form and paying a fee.

  2. Check Name Availability: Before registering a DBA, conduct a name search to ensure that the desired name is not already in use by another business. This helps avoid potential legal issues and conflicts.

  3. Update Business Records: Revise your business records to include the DBA name. Update bank accounts, contracts, and marketing materials to reflect the trade name.

  4. Compliance with State and Local Laws: Ensure that you comply with all state and local regulations related to DBAs. This may include renewing the DBA registration periodically and updating any relevant business licenses or permits.

  5. Trademark Considerations: If you plan to use your DBA name for branding and marketing purposes, consider registering it as a trademark to protect it from infringement and unauthorized use.

Steps to Register a DBA

  1. Choose a DBA Name: Select a unique and descriptive name that represents your business. Ensure that it complies with state naming requirements and is not already in use.

  2. Conduct a Name Search: Perform a search to check the availability of the desired DBA name. This can usually be done through the state’s business registration database or local government office.

  3. Complete the Registration Form: Fill out the DBA registration form provided by the state or local authority. Provide information about your business, including the legal name, DBA name, and contact details.

  4. Submit the Form and Fee: File the completed registration form with the appropriate authority and pay the required registration fee. This can often be done online or in person.

  5. Update Business Records: Revise your business records, including bank accounts, contracts, and marketing materials, to reflect the DBA name.

  6. Renew Registration: Depending on state or local requirements, renew your DBA registration periodically to maintain its validity.

The Role of a Business Attorney in DBA Registration

Registering a DBA involves several legal and administrative steps. A business attorney can assist with choosing a suitable name, conducting name searches, completing registration forms, and ensuring compliance with state and local regulations. They can also provide guidance on trademark protection and address any legal issues related to the DBA name.

By working with an experienced business attorney, you can ensure that your DBA registration is handled properly and that your business operates legally under its chosen trade name.

If you need to register a DBA or have questions about operating under a trade name, our team of experienced business attorneys is here to help. We offer comprehensive legal services to guide you through the DBA registration process, ensure compliance with regulations, and address any legal concerns. Contact us today to schedule a consultation and get started with your DBA registration.