What Is a DBA (Doing Business As) and How To Register It

In Lynden, Washington, the 100-year-old Lynden Dutch Bakery decided it wanted to branch out into the dessert category, so it set up new operations under the name Just Desserts using a doing business as name (DBA). By setting up a DBA like the bakery did, sole proprietorships, corporations, and limited liability companies (LLCs) can legally operate under a different business name in their state.

What Is a DBA (Doing Business As)?

A DBA allows your business to operate under a different name than the legal name you have registered. It is not a separate business, so all of your taxes, filing fees, and other administrative tasks will be handled through the original entity.

Other Names for a DBA

Depending on where you live, a DBA may be known by a range of different names.

• Assumed Business Name: Oregon
• Assumed Name: New York, Minnesota, and Texas
• Fictitious Business Name: California
• Fictitious Name: Florida and Pennsylvania
• Trade Name: Washington and Georgia

While the term used may vary from state to state, the process and purpose remain the same. A DBA, by any name, is still a DBA.

Who Uses a DBA?

So, what is a DBA used for? While the earlier bakery example is fairly common, there are several situations where companies use DBAs.

• Not Using a Personal Name: Sole proprietors typically operate under their personal name by default. Registering a DBA allows them to use a business name instead of their own name.
• New Brands and Product Lines: When an LLC or business starts a new brand or product line, it can use a DBA instead of forming a new entity.
• Rebranding Purposes: Sometimes, companies want to rebrand under a new name without changing their legal registration.
• Franchisees: Many franchisees use a DBA to operate under the franchisor’s name, such as McDonald’s and Burger King franchises. 

DBA vs. LLC vs. Trademark: What's the Difference?

While a DBA, LLC, and trademark might sound similar, they serve distinct purposes.

DBA vs. LLC

A DBA doesn’t create a new business or change your actual entity in any way. It is merely a name. If you’re a sole proprietor looking for liability protection, an LLC is what you need. LLCs separate personal and business assets, protecting you from lawsuits, business debts, and financial obligations. For better liability protection, many brands set up an LLC and then establish a DBA to operate under.

DBA vs. Trademark

A DBA involves registering a name with the state or county. This doesn’t give you the right to the name; it merely means you can do business under it. If a business in a different state decides to use that name, they can.

In comparison, a trademark is registered on the federal level with the United States Patent and Trademark Office (USPTO). Once your trademark registration is complete, you will receive exclusive rights to the name. 

The Right Order: LLC, DBA, and Trademarks

Many businesses need the benefits of an LLC, DBA, and trademark. For the simplest setup, follow this sequence.

• LLC: First, form an LLC or corporation so that you have liability protection.
• DBA: Once the LLC or corporation is set up, you can register a DBA that you plan on operating under.
• Trademark: To protect how the name is used nationwide, file a federal trademark.

When setting up a business, it’s easy to get confused by the various filing requirements. To  verify whether an LLC or corporation name is already taken, check out EntityCheck’s Instant DBA Name Search.

When Do You Need a DBA?

While any business can register a DBA, not every business actually needs one. There are a few situations where a DBA may be legally required or practical.

You're a Sole Proprietor Using a Business Name

If you plan on doing business as a name other than your full personal name, you’ll need a DBA for your sole proprietorship. Besides being useful for building your brand, a DBA also provides an added level of privacy.

Your LLC or Corporation Wants to Use a Different Brand Name

You’ll need a DBA if your branding material and the name you operate under are different from the name you have registered. Otherwise, you will be unable to sign legal contracts or open a business bank account.

You're Expanding Into a New Product Line or Market

A DBA allows you to operate a new brand or product line under a different name, like the Lynden Dutch Bakery did when it opened up Just Desserts. For businesses, this is often cheaper and simpler than forming a second LLC. There’s no legal limit to how many DBAs an LLC can set up, so you can add product lines as needed.

You Want to Open a Business Bank Account Under Your Brand Name

Before a bank will let you open up a business account in a specific name, you’ll need to register a DBA. Even if your state doesn’t require DBAs, you’ll likely need to get one for this purpose. Customers will expect to write checks and see charges on their statements labeled with the brand name, making a DBA a practical necessity. 

How To Check If Your DBA Name Is Available

Before you register your DBA, make sure it is available. Otherwise, you may end up paying fees for a DBA application that gets rejected.

Search Your State's Secretary of State Database

In most states, you can access a free online name search tool through the Secretary of State. You should check your exact name and close variations of it. If there are county-level DBA tools, check them as well. 

For an easier option that works across multiple states, check out EntityCheck’s Instant DBA Name Search tool.

Check for Federal Trademark Conflicts

Even if your DBA is available in your state, someone may have a federal trademark on the name. To avoid potential legal exposure, you can use the USPTO’s trademark database for free to find out if a name is trademarked.

Verify the Domain Name Availability

If you plan to set up a business website using your DBA, you need to check whether the domain name is available. By maintaining brand consistency across your domain, DBA, and social handles, you can avoid confusing customers.

How To Register a DBA: Step-by-Step

If you want to start doing business under a different name, you need to register it first. While there are variations from one state to another, most jurisdictions use the following process.

Step 1: Choose Your DBA Name

First, select a name that represents your brand. States often have prohibitions, such as not including “LLC” or “Inc.” in the DBA if you don’t use that business structure. If your name is taken, having a backup option helps.

Step 2: Check Name Availability

To see if the name is available, check your state’s Secretary of State database and the USPTO’s tool. You can also perform an extra check using EntityCheck’s DBA search tool to see if the name is registered in other states.

Step 3: Identify Where To File

The filing location will vary based on your business structure and state. While many states require filing with the Secretary of State, other states expect you to file with the county clerk. In many cases, sole proprietors and partnerships must file at the county level. Corporations often have state-level requirements. The only way to know your filing location is by looking up the requirements for your specific state.

Step 4: Complete and Submit the Application

You’ll need to fill out a DBA registration form with your legal business name, business address, employer identification number (EIN), DBA name, business structure type, and owner name. This form may also be called an assumed name certificate or fictitious business name statement. 

Once the form is complete, you may need to have it notarized. Depending on where you're located, the completed form may be submitted online, in person, or by mail.

Step 5: Pay the Filing Fee

Filing fees typically range from $10 to $100, but they can vary by state. There may also be county-level or industry-specific fees. In addition, some states require you to publish your DBA intent in a newspaper, which can quickly become more expensive than the actual filing fees. All of these fees must be paid at the time you submit your form.

Step 6: Publish a Notice (If Required by Your State)

California, Georgia, Minnesota, Nebraska, and Pennsylvania all have publication requirements for DBAs in specific circumstances. Under these requirements, a business must publish a notice in an approved newspaper for a specified period. Afterward, the business must submit proof of publication to the filing agency.

Step 7: Receive Confirmation and Start Using Your DBA

Some states allow same-day online filings, though mailed applications often take weeks to process. Once the approval arrives, you can start doing business as the new name. Remember to keep your approval documents on hand in case banks or vendors ask for them in the future.

How Much Does It Cost To Register a DBA?

Filing a DBA is quite affordable compared to other filings. However, the total cost can vary based on the state, entity type, and publication requirements.

State Filing Fees

Most states charge between $10 and $100 in fees for filing a DBA. For example, filing a fictitious name costs $7 in Missouri. In Montana, registering an assumed business name costs $20. On the high end, you’ll spend $50 for a fictitious name filing fee in Florida, plus the amount needed to fulfill the publication requirements. Check your state’s official website to find out what registration costs in your jurisdiction.

County Filing Fees

In some states, you’ll be expected to pay county-level filing fees. For example, Texas requires sole proprietors to file DBAs at the county level, which typically costs $15 to $25. However, you may be required to apply in multiple counties if you do business in different areas.

Newspaper Publication Costs

Certain states require newspaper publication. Depending on where you publish it and how many weeks of publication are required, the added cost can easily run from $40 to over $200. For example, California requires businesses to publish once a week for four separate weeks.

Renewal Fees

In most states, DBAs must be renewed every five years. However, this can range between 1 and 10 years. In most cases, renewal fees are similar to the state’s original filing fee. If you don’t renew your DBA, you lose the legal right to use that name and will need to re-file if you want to use it again.

DBA Renewal and Ongoing Compliance

Once you’ve filed your DBA, there are still other maintenance tasks you’ll need to do to stay in compliance.

When Does a DBA Expire?

While it varies by state, most DBAs expire after five years. For example, Florida fictitious name registrations must be renewed after five years. In New York, the assumed name does not expire unless you withdraw or discontinue it. To avoid letting your DBA lapse, remember to set a reminder in your calendar.

What Happens If You Don't Renew?

If you fail to renew your DBA, you will lose the right to do business under that name. This may also impact your ability to use that name on contracts, invoices, and bank accounts. If someone else registers that name after the renewal has lapsed, they may start doing business under that name instead.

While each jurisdiction is slightly different, you will generally need to refile and pay the filing fees to resume using the same name.

When To Update or Amend Your DBA

In the future, you can file an amendment and update your DBA. This is necessary for any DBA name, business address, ownership, or legal name changes. To find out how to update your DBA, reach out to the original filing agency you used to submit the original registration. 

Updating the DBA is essential if any changes occur. Failing to do so can lead to compliance issues, especially if legal documents are sent to an outdated address.

Common DBA Registration Mistakes To Avoid

When you’re setting up your DBA, it’s easy to make a mistake. To avoid expensive fixes in the future, watch out for the following pitfalls.

Assuming a DBA Protects Your Business Name

Turning in a DBA registration doesn’t confer exclusive right to use a name. A business in another state or county can register the name and use it as well. The only way to protect your business name on a national basis is by filing a federal trademark. 

Skipping the Name Availability Check

Before you file, it’s essential to verify that the name is available and doesn’t conflict with a federal trademark. Otherwise, you’ll end up wasting your filing fees and adding weeks to your launch timeline. 

To avoid this issue, you should always check your state’s database and the USPTO before submitting. To see which business names are already registered, you can perform a quick search with EntityCheck’s Instant DBA Name Search.

Missing the Newspaper Publication Requirement

Some states have a newspaper publication requirement, which must be fulfilled to complete your DBA filing legally. Banks may ask for your proof of publication before you can open an account, so you can’t afford to skip this step. As part of the filing process, you should always verify your state’s requirements.

Thinking a DBA Replaces an LLC

A DBA is not an LLC, so it does not provide any liability protection. If you are a sole proprietor with a DBA, your personal assets are at risk from lawsuits and business debts. Because of this, the best option for most businesses is to form an LLC and then register a DBA. Alternatively, you can establish a C corporation and then register a DBA.