A trade name is the official name under which a company does business.
How does a trade name differ from a trademark? A trademark legally protects and distinguishes products and services from competitors.
Trade names register under state provisions based on the business form. Trademarks register under the Trademark Act with different approval processes.
While trade names provide notice you are using that name, they do not prevent others using the same name. Trademarks secure brand names legally.
Why do people use fictitious names? To identify their business to customers. Fictitious names like "Green Bliss Gardens" can encapsulate a business’s offerings better than an owner’s actual name.
Filing For a Fictitious Name
To use a fictitious name formally, file paperwork and pay fees to register it. Requirements vary by state and county. File soon after first using the business name to avoid missing deadlines.
Financial Transactions
With a registered fictitious name, you can manage banking, payments and taxes more easily. Getting a tax ID facilitates taxation under that name.
Starting a Business
When launching a company, consider whether a fictitious name filing makes sense. Consult a lawyer if unsure. They can provide guidance on registering one, which is typically straightforward.
Registration timeframes often last around five years or less before renewal. Don’t delay reregistering as expiration approaches, or risk the name becoming unavailable.
Using Fake Information
Providing false names or addresses alone doesn’t necessarily constitute fraud. But doing so to enable criminal plans violates federal law. You must show no ill intent.
Why Share Personal Data?
Posting real names or details publicly risks making you an identity theft or hacking target. Consider privacy when sharing online.
What are other terms for a fictitious name? Doing Business As (DBA), assumed name, pen name, trade name.
When use a DBA? To operate under a domain when your business name isn’t available. It associates your brand with its online presence.
Disadvantages of a DBA
DBA owners assume full business liability personally. Rights to use the name aren’t exclusive.
Why Register a DBA?
Consumer protection laws mandate public notification of alternate business names.
Where find fictitious firm certificates? County clerks or Secretary of State offices, depending on location.
How to check a DBA? Ask county clerks where it operates. If unavailable, check with the state.
Banking Benefits
Banks often require registration to open accounts or process transactions in fictitious names. It establishes legitimacy.
What is the difference between a registered name and a fictitious name? A fictitious name is any assumed name, style or designation other than the proper name of the entity using such name. While a registered name refers to a business’s legal name registered with the state.
A DBA (doing business as) allows a business to operate under a name different than its legal name. An LLC (limited liability company) provides legal protections to business owners. LLCs can register DBAs while still using their official LLC name.
DBAs operate like nicknames – allowing businesses to use a different name for certain purposes while retaining their legal name. States require DBA registration to track companies for taxes. But DBAs do not provide exclusive name use rights or legal protections.
You can file for a fictitious business name online in most states, including California. Every state has different processes and terminology for DBAs and legal registrations. Check your Secretary of State’s website for specifics.
A DBA offers marketing and flexibility benefits for small businesses and solopreneurs. It establishes a brand without formalizing a legal entity. However, LLCs provide more legal protections.