HOW TO GET A DBA OR FICTITIOUS
BUSINESS NAME
If you are a sole proprietor or a general partnership
it is a good idea to obtain an official "doing business
as" name authorization (a "DBA"). This is obtained from
the county by filing a form, paying a small fee and
then publishing the name in a local paper for a few
weeks in case anyone objects to your use of that name.
There are also services that will file your DBA online
for a small fee.
What is a DBA and how does it differ from a corporate
name, registered name or a trademark? A DBA is a name
authorization at a local level and is most commonly
used for sole proprietors although other businesses
can use them, even corporations and LLCs. A DBA is also
known as a fictitious business name or a trade name.
Here are some examples of how a DBA might be used:
- Mary Smith is an interior designer. She has decided
for various reasons that she doesn't need to incorporate
so she does business herself, but she wants to have
the business name "Supercreative Interior Designs."
Mary can file a ficitious business name application
in her county to use that name in her business, on
signs, on business cards, and open a bank account
in that name.
- XYZ Corporation has multiple store locations throughout
California, but each store is unique. In each city
it wants to associate its name with the name of the
city, such as “XYZ Corporation of Los Angeles” and
so forth for each city. It can file a fictitious business
name in each county for the names it wants to use.
- Burger Joint Corporation has been doing business
in San Francisco and wants to expand into southern
California. It soon finds out there is already a hamburger
restaurant in San Diego called Burger Joint and its
attorney says it has to use a different name in San
Diego. It can file a fictitious business name and
go by something else like Burger Place in San Diego.
- Jane Doe and Lisa Jones decide to form a general
partnership (which is not filed with the Secretary
of State) to operate a gift basket business. They
want their business to be known as “Extraordinary
Baskets.” Jane and Lisa can file a fictitious business
name application so that they can use the name.
If you have formed a corporation or LLC and registered
it with the State, you do not need to obtain a DBA because
you have officially registered that name as your company
trade name with the state. As shown by the examples
above, Corporations, LLCs and other entities registered
with the Secretary of State do not need to obtain a
DBA, since their corporate name acts as their official
trade name, but some choose to do so for marketing or
other business reasons.
A DBA is not the same thing as a trademark. If you
are going to be using the name on goods then you should
obtain a trademark for the name.
