Key Takeaways

  • A Delaware DBA (Doing Business As) lets businesses operate under a name different from their legal name.
  • Until now, DBAs were registered at the county level, but starting February 2, 2026, Delaware will require statewide registration through the Division of Revenue’s Delaware One Stop portal.
  • All existing county-level DBA registrations must be re-registered in the statewide system, and names must be unique across the entire state, not just within a county.
  • A DBA helps sole proprietors, partnerships, LLCs, and corporations conduct business, open bank accounts, and market under a trade name without forming a new entity.
  • Delaware businesses should verify name availability early to avoid conflicts when re-registering, as duplicate names will no longer be allowed.
  • Filing a DBA remains cost-effective but failure to register may expose a business to legal and financial risks.

A Delaware DBA search can help you learn if a business operates under an assumed name. Performing such a search is also important if you're considering registering a DBA name and don't want to infringe on another business's name.

Different Delaware Business Names

Before you perform a Delaware DBA search, it's crucial that you understand that there's a difference between the trade name that a business uses and its legal name. Clarifying this issue will prevent you from wasting time on your search.

The most important part of forming a Delaware business entity is choosing an original business name that doesn't conflict with another business's registered name. In addition to this legal name, businesses can also choose another name that it wants associated with its business, which is known as a DBA.

Just as with a business's legal name, a DBA name must be unique. The difference is that you register a DBA at the county level instead of the state level. For instance, if your DBA is already registered in one county, you could not use your name in this location. You could, however, use the name in another county if it is available. You will register your DBA name at the county courthouse, so this is the first place you should visit if you're trying to determine if your desired name is available.

In Delaware, you can perform a DBA search using the Delaware judiciary's website. This website's database contains every DBA name registered in the state. All you need to do is visit the website and use a keyword to search the database. If your search reveals any registered names, you can click on a name to reveal the parent company that registered and is using the trade name.

When a business files a DBA registration, it must include parent company information. If you click on a name during your search and find there is no business entity name included, it usually means that a sole proprietor has registered the trade name. Although sole proprietorships are not legally distinct entities like corporations, you are still prohibited from using the registered DBA name.

Transition to Statewide Delaware DBA Registration

Delaware is overhauling its DBA system. Historically, DBA or trade names were registered at the county level, meaning a business could register the same trade name in different counties without conflict. However, effective February 2, 2026, the state will move to a centralized, statewide registration process managed by the Division of Revenue (DOR) through the Delaware One Stop portal.

This change has important implications:

  • Re-Registration Required: All existing county-level DBAs must be re-registered with the new statewide system.
  • Statewide Uniqueness: Trade names must now be unique across the entire state, not just in one county. If your current trade name is already claimed by another entity in the new registry, you’ll need to select a different name.
  • Simplified Filing: Businesses will benefit from a streamlined process, as all filings will occur online in one location rather than in separate county courthouses.

Businesses should act early to confirm availability and re-register promptly to avoid losing rights to their trade name.

Why Should You Register a DBA?

Filing a DBA registration can provide a variety of benefits. First and foremost, when registering a DBA, you will be legally allowed to do business with a fictitious name at a low cost. Once you have registered your DBA name, you'll be able to:

  • Accept payments under your assumed name.
  • Advertise with your fictitious name.
  • Present your business with this name.

If you don't file a DBA registration, doing business with any name other than your legal name could constitute fraud.

When running a sole proprietorship or partnership, you must transact business using either your name or a partner's name if you have not completed a DBA registration. A DBA name makes it easier to keep your personal and professional lives separate. For instance, after registration, you could open a bank account using your fictitious name, making it easier to keep business and personal finances separate.

If you want to register a DBA name, you will need to file a Registration of Trade, Business & Fictitious Name Certificate. You should file this document in every county where you wish to use your DBA name. Make sure to have your application notarized before you attempt filing. Companies that do not do business in Delaware but have registered in the state will usually only need to complete one DBA registration. If your company matches this description, file your application in the same county where your registered agent resides.

Most states require a DBA registration if you want to do business under an assumed name. For example, if you're running a restaurant as a sole proprietor, filing a DBA registration would allow you to operate your establishment as Joe's Eatery.

A registered business entity such as a limited liability company or a corporation may want to use a DBA for several different reasons. For instance, if the entity wants to do business in a new state but their legal name doesn't fit the state's naming requirements, having a DBA name could make foreign qualification easier. A company could also use a DBA name if their legal name is already registered in the new state

Delaware DBA Filing Process and Requirements

Registering a Delaware DBA involves filing a Registration of Trade, Business & Fictitious Name Certificate, but the process will differ depending on whether you are registering before or after February 2026.

  • Before February 2026: Registrations are still handled at the county level. Businesses must file in every county where they plan to operate under the DBA.
  • After February 2026: All DBA filings will be centralized in the Delaware One Stop system under the Division of Revenue.

Key filing requirements include:

  • The DBA must be distinct from other registered business names.
  • The filing form must be notarized before submission.
  • Businesses not physically operating in Delaware but registered in the state usually need to file in the county where their registered agent is located.
  • With the new system, out-of-state businesses registered in Delaware will also file statewide, ensuring greater consistency.

Failure to properly register can result in the inability to enforce contracts under that name or potential accusations of misrepresentation.

Benefits and Limitations of a Delaware DBA

A Delaware DBA provides flexibility but also comes with limitations.

Benefits include:

  • Easier branding under different names for new products or services.
  • Ability for sole proprietors and partnerships to separate personal and business identities.
  • Cost-effective alternative to forming multiple LLCs or corporations.

Limitations to keep in mind:

  • A DBA does not create a separate legal entity; the business owner remains personally liable.
  • A DBA provides no trademark protection—only registration at the state (or now, statewide) level. Businesses seeking exclusive rights should consider federal trademark registration.

Frequently Asked Questions

  1. What is a Delaware DBA?
    A Delaware DBA (Doing Business As) is a trade name that allows a business to operate under a name different from its legal entity name.
  2. Do I need to re-register my DBA in Delaware?
    Yes. Beginning February 2, 2026, all county-level DBAs must be re-registered in the statewide system managed by the Division of Revenue.
  3. How do I check if a Delaware DBA name is available?
    You can search the Delaware judiciary’s trade name database now, and starting in 2026, all DBA availability checks will occur through the Delaware One Stop portal.
  4. Does a Delaware DBA protect my business name like a trademark?
    No. A DBA allows you to legally operate under a trade name but does not provide exclusive rights. Trademark registration offers stronger protection.
  5. What happens if I don’t register my DBA?
    Operating under an unregistered trade name could constitute fraud, prevent you from opening bank accounts under that name, and limit legal enforceability of contracts.

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