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What is a DBA? A plain guide to doing business as names

By Nation 11 min read

Quick answer

A DBA, short for doing business as, is a registered name that lets you conduct business under a different identity from your own personal name or your formal business entity name. The same filing is also called a trade name, fictitious name, or assumed name, and you file it with the state, county, or city your business is located in. A DBA doesn’t provide legal protection by itself, but most states require you to register your DBA if you use one.

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What is a DBA, and what does doing business as mean?

DBA stands for doing business as. A DBA is a name you use in public that is different from your legal name. The U.S. Small Business Administration (SBA) puts it this way: a DBA lets you conduct business under a different identity from your own personal name or your formal business entity name.

Every business already has a legal name. For a one-person shop with no company behind it, the legal name is the owner's own name. For an LLC or a corporation, it is the entity name, which the SBA describes as how the state identifies your business. Any other name the business trades under is a DBA.

Example: Jane Doe makes candles and sells them as Amber Wick Candles. Her legal name is Jane Doe. Amber Wick Candles is her DBA. If she formed Amber Wick Studio LLC and sold under Amber Wick Candles, that shop name would be a DBA of the LLC.

Fictitious business name, assumed name, trade name: the same filing

States use different labels for the same filing. The SBA says a DBA is also known as a trade name, fictitious name, or assumed name. Texas calls it an assumed name certificate. Florida calls it a fictitious name.

What is an assumed name? It is a name a person or a company uses in business that is not its legal name. Florida's statute defines a fictitious name the same way: any name under which a person transacts business in this state, other than the person’s legal name. Florida's filing guide says the name is one that is different from your personal name, if doing business as a sole proprietor, or different from your entity’s legal name, if you have incorporated or otherwise formed a separate legal business entity.

What a DBA does and does not do

A registered DBA is a public record of who is behind a trade name. The Texas Secretary of State says an assumed name certificate provides information about the underlying business's identity and location, and Florida says fictitious names are filed for public notice purposes only. The table shows what that record does and does not do.

What a registered DBA does for a small shop
QuestionShort answerWhat the source says
Can I sell under a shop name?YesA DBA lets you conduct business under a different identity from your own personal name or your formal business entity name
Is the name mine alone?NoSBA: registering a DBA doesn’t provide legal protection by itself, and multiple businesses can go by the same DBA in one state. In Florida, registration does not grant you ownership or rights to the name
Does it stop someone else filing the same name?NoIn Texas, it does not prevent anyone else from filing the same assumed name or using the name to form a new entity. In Florida, registration does not prohibit someone else from using or registering the same fictitious name
Does it protect me from a trademark claim?NoSBA: trademark infringement laws will still apply
Does it create a separate business?NoA sole proprietor stays a sole proprietor, and sole proprietorships do not produce a separate business entity
Does it help open a business bank account?OftenSBA: getting a DBA and federal tax ID number (EIN) allows you to open a business bank account. Florida notes that most banks and financial institutions also require proof of registration when opening an account

If you want to keep others from using your shop name, a DBA is the wrong tool. The next table shows which registrations do protect a name.

DBA vs entity name, trademark and domain name

The SBA lists four different ways to register your business name, and each does a different job. It also says each of these name registrations are legally independent, so registering one does not give you the others.

Ways to register a business name, from SBA guidance
RegistrationWhat it doesWhere it is filed
DBA (assumed or fictitious name)Lets you trade under a name other than your legal name; it doesn’t provide legal protection by itselfRegistered with the state, county, or city your business is located in
Entity nameSBA: an entity name can protect the name of your business at a state levelAn LLC or a corporation will probably need to register with any state where you conduct business activities
TrademarkSBA: a trademark can protect the name of your business, goods, and services at a national levelFiled with the United States Patent and Trademark Office
Domain nameYour web address; your domain name doesn’t actually need to be the same as your legal business name, trademark, or DBAThrough a registrar service

Do I need a DBA as a sole proprietor?

A one-person shop that has not formed a company is a sole proprietorship. The IRS defines a sole proprietor as someone who owns an unincorporated business by themselves, and the SBA says you’re automatically considered to be a sole proprietorship if you do business activities but don’t register as any other kind of business. That makes your own name the legal name of the business.

If you sell under your full legal name, you usually do not need a DBA. The SBA says if you conduct business as yourself using your legal name, you won’t need to register anywhere. If you sell under a shop name, such as a brand on Etsy, a market stall banner or your own website, you are using a DBA, and most states require you to register your DBA if you use one. On top of the state rule, some counties and cities also require you to register your DBA.

A sole proprietor DBA leaves the business structure as it is. The SBA says sole proprietors are still able to get a trade name, but also that sole proprietorships do not produce a separate business entity and that you can be held personally liable for the debts and obligations of the business. For federal income tax, the IRS lists Schedule C (Form 1040 or 1040-SR), Profit or Loss from Business, among the forms a sole proprietor may need to file.

Do I need a DBA for my LLC?

If you have an LLC, you need a DBA only when the LLC trades under a name that differs from its registered legal name. The Texas Secretary of State describes the case: an entity may keep its legal name but conduct business under a different name by filing an assumed name certificate.

Two cases where a maker's LLC might file one: the shop name on the website or the market sign leaves out the company suffix, or the owner runs a second product line under another brand. In Texas, an assumed name certificate is not required to include an organizational identifier such as Incorporated, Inc., LLC, Limited, etc., and an entity may not file an assumed name for its exact legal name.

Florida draws the same line from the other side: a fictitious name registration is not required for an individual’s legal name, or for the name of a corporation, limited liability company or limited partnership. The SBA notes that some business structures require you to use a DBA, and that requirements vary by business structure as well as by state, county, and municipality.

Which office records a DBA: Texas and Florida compared

No single national office keeps DBAs. The SBA says you register one with the state, county, or city your business is located in. Texas and Florida show how much the office, fee and term can differ, so the table puts the two states side by side.

DBA filings in Texas and Florida, from each state's official pages
ItemTexas (assumed name)Florida (fictitious name)
Where a sole proprietor filesFiled with the county clerk in each county in which a business office is or will be maintainedFiled with the Florida Department of State
Where an LLC or corporation filesFiled with the secretary of state; Form 503 may be usedFiled with the Florida Department of State, for a name different from your entity’s legal name, if you have incorporated or otherwise formed a separate legal business entity
Filing feeSecretary of State: $25 for each assumed name certificate. County clerk: contact the applicable county clerks’ offices for information on fees and on filing a certificateRegistration of fictitious name: $50.00
How long it lastsA stated term, which cannot exceed 10 years from the date of filingRegistration is valid for 5 years
After a change or when you stopAfter a material change, a new assumed name certificate must be filed within 60 days. Abandonment fee: $10 for each statement of abandonmentIf you stop using the name, file a cancellation within 30 days after the cessation occurs

Florida adds a newspaper step: the name must be advertised at least once in a newspaper that is located within the county where the principal place of business is, though proof of advertisement is not required. Florida's statute also sets a penalty for skipping the filing: if a business does not comply, neither the business nor the person or persons engaging in the business may maintain any action, suit, or proceeding in any court of this state until it does.

Other states run the process their own way, and cities and counties can add their own rules. Check with the office named on your state's own website. This page is general information, not legal or tax advice.

Where Nation fits

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Nation publishes this page. It is general information about business names, not legal or tax advice.

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Questions about DBAs

What does DBA mean in business?

In business, DBA means doing business as. A DBA is a name a person or a company trades under that differs from its legal name. The SBA says a DBA lets you conduct business under a different identity from your own personal name or your formal business entity name. It is also called a trade name, fictitious name, or assumed name.

Do I need a DBA?

You need a DBA if you sell under a name other than your legal name and your state, county or city requires a filing. The SBA says most states require you to register your DBA if you use one, and that if you conduct business as yourself using your legal name, you won’t need to register anywhere. Requirements depend on your structure and location.

Do I need a DBA as a sole proprietor?

A sole proprietor needs a DBA when the shop trades under a name other than the owner's legal name. The SBA says sole proprietors are still able to get a trade name, but sole proprietorships do not produce a separate business entity, and you can be held personally liable for the debts and obligations of the business. Selling under your full legal name usually needs no DBA.

If I have an LLC, do I need a DBA?

An LLC needs a DBA only when it trades under a name other than its registered legal name. In Texas, an entity that wants to keep its legal name but conduct business under a different name files an assumed name certificate with the secretary of state. Other states have their own office and form.

Does a DBA protect my business name?

A DBA does not protect your business name. The SBA says registering a DBA doesn’t provide legal protection by itself, and that multiple businesses can go by the same DBA in one state. By contrast, an entity name can protect the name of your business at a state level, and a trademark can protect the name of your business, goods, and services at a national level.

What is an assumed name?

An assumed name is a name a person or a company does business under that is not its legal name. It is another label for a DBA. Texas files it as an assumed name certificate, and Florida's statute calls it a fictitious name: any name under which a person transacts business in this state, other than the person’s legal name. The filing office and fee vary by state.

Is a fictitious business name the same as a DBA?

A fictitious business name is the same as a DBA. States use different labels for one filing: the SBA says a DBA is also known as a trade name, fictitious name, or assumed name. Texas calls it an assumed name certificate, while Florida says fictitious name. The office, form and fee vary by state.

Describe what you make

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