Most founders pick a brand name long before they think about what the law calls it. If the name on your website isn’t the name on your formation papers (or, for a sole proprietor, your own legal name), there’s a form for that. It’s called a DBA, short for “doing business as,” and the SBA says you “might need to register” it.
The same SBA page is just as clear about what registering does not do, which is where most of the confusion lives.
What a DBA is
The SBA says a DBA is also known as a trade name, fictitious name or assumed name. You register it with the state, county or city where your business is located. The point is disclosure: it connects the public-facing name to the legal owner behind it.
A few cases where that comes up:
- A sole proprietor who sells under a studio name instead of her own.
- An LLC with a formal legal name that wants to trade under a shorter or friendlier brand.
- A founder launching a second product line under a name that isn’t the company’s.
The SBA also says that “some business structures require you to use a DBA,” so it isn’t only a sole-proprietor issue.
Do you have to register one?
Often, yes. The SBA says “most states require you to register your DBA if you use one,” and that some counties and cities do as well. Requirements vary by location and structure, which is why the SBA’s advice is to check with local government offices and websites. We aren’t going to give you a state-by-state fee table, because it would go stale and the only authoritative version is your own state’s or county’s.
What a DBA won’t do
Three things founders assume a DBA covers, and the SBA says it doesn’t:
- It isn’t legal protection. The SBA says “Registering your DBA name doesn’t provide legal protection by itself,” and elsewhere that a DBA “doesn’t give legal protection, but it might be legally required.”
- It doesn’t reserve the name. The SBA notes that “multiple businesses can go by the same DBA in one state.” That makes picking a name easier, and owning it harder.
- It doesn’t override trademark law. The SBA warns that trademark infringement laws still apply, and recommends checking prospective business, product and service names against the official trademark database before you commit.
The USPTO’s description of trademark ownership is a different mechanism entirely: “You become a trademark owner as soon as you start using your trademark with your goods or services.” Our guide to trademarking your business name covers what that protects and how filing works. If it’s liability protection you’re after, a DBA is not the tool; see LLC versus sole proprietorship.
How to register
- Check the name first. Search the USPTO trademark database for conflicts before you print anything with the name on it, as the SBA recommends.
- Find your filing office. Start with your state’s business agency and your county or city clerk. The SBA says the right office depends on where your business is located.
- File and keep the proof. Save the filing confirmation or certificate with your other formation documents.
- Get your EIN. The SBA says that getting a DBA and a federal tax ID number allows you to open a business bank account. Our EIN walkthrough is free and takes minutes.
DBA and your bank account
The SBA lists the most common documents banks ask for as an EIN (or a Social Security number for a sole proprietorship), your formation documents, ownership agreements and a business license, and notes some banks ask for more. It doesn’t list a DBA as a required document in that checklist, but it does say a DBA plus an EIN allows you to open a business account under your brand name. If you plan to take payments under a brand name, ask your bank what it wants to see before you go in.
Frequently asked questions
What is a DBA?
DBA stands for “doing business as.” The SBA says it is also known as a trade name, fictitious name or assumed name, and that you might need to register it with the state, county or city where your business is located.
Does a DBA protect my business name?
No. The SBA says “Registering your DBA name doesn’t provide legal protection by itself,” and warns that trademark infringement laws still apply. It also notes that multiple businesses can go by the same DBA in one state. The USPTO says you become a trademark owner by using your trademark with your goods or services, which is a separate matter from DBA registration.
Do I have to register a DBA?
Often, yes. The SBA says most states require you to register your DBA if you use one, some counties and cities do too, and some business structures require you to use one. Requirements differ by location, so check your local government’s website.
Does a DBA give me liability protection like an LLC?
No. The SBA says a DBA doesn’t give legal protection, and describes sole proprietorships as not producing a separate business entity. Forming a separate entity such as an LLC is a different step with a different purpose.
Sources: SBA, “Choose your business name,” “Register your business” and “Open a business bank account”; USPTO, “What is a trademark?” Filing rules and offices vary by state and locality, so confirm with yours before you file.