Key Takeaways

  • Your business can operate under a different name than its LLC name using a DBA (Doing Business As).
  • DBA names offer branding flexibility, privacy for sole proprietors, and a solution when legal names are unavailable.
  • States have varying requirements for DBA name registration; names must be distinguishable and not infringe on trademarks.
  • Using a different name can help align your public-facing brand with your target audience, especially for marketing or eCommerce.
  • Even if not legally required, registering a DBA may be necessary to open a business bank account or sign contracts under the brand name.

Using a different name for business is done when another entity in your state is already using your desired company name. Businesses also use trading names to enhance their branding and advertising efforts. When a business uses a name other than its legal name, it's called a fictitious name, trading name, or Doing Business As (DBA) name. A DBA name should be distinguishable from other registered entity names and should not infringe on any other company's copyright. DBA names are registered in the state where you desire to do business.

Why You Might Need a DBA Name

There are a number of benefits to using DBA names.

  • The business may need a DBA name to open a bank account.
  • Sole proprietors may need a DBA name to protect their privacy.
  • States have strict requirements for company names. Some of the requirements force companies to have long names, which are not practical for branding and advertising purposes. Many businesses need shorter, more memorable names for branding.
  • Foreign companies formed out of state may want to register in a new state under their legal name but might find that the name is already in use. States normally allow such companies to register a DBA name for use in the state. To avoid being forced to use a DBA name for this reason, new businesses anticipating that they will expand to other states in the future register their names in those states. This filing can be updated when it expires. Business law firms can help you with this service for a modest annual fee.

Scenarios Where a Different Business Name Makes Sense

Here are some common scenarios where businesses choose to operate under a name different from their LLC name:

  • Franchises: A franchisee might form an LLC as “Smith Enterprises LLC” but operate as “Subway” under a DBA.
  • Multiple Brands: If a company wants to run multiple brands under one LLC, each brand can use a separate DBA name.
  • Online Stores: E-commerce businesses may want a more marketable or SEO-friendly name for their storefront than their LLC name.
  • Targeted Marketing: A different business name can align better with a specific demographic or location, improving brand resonance.

In each of these situations, the question “can my business have a different name than the LLC?” is not only relevant but strategically important.

Legal Name vs. Trade Name: Understanding the Difference

Your LLC’s legal name is the official name registered with the state when you file your formation documents. This name is used for all formal, legal, and tax-related matters. A trade name—also known as a DBA (Doing Business As)—is a separate name under which you publicly operate the business.

This distinction is important because the name your customers see doesn’t always have to be the name on your legal paperwork. For instance, if your LLC is registered as “Harbor Bay Holdings LLC,” you might market yourself as “Bay Coffee Roasters” using a DBA.

Using a trade name allows you to tailor your public-facing brand to a specific market niche while retaining your formal LLC structure behind the scenes.

How to Register a DBA Name

The process for registering a DBA name varies from state-to-state. It usually involves the following steps:

  • Choosing a name: The name should be short, memorable, and descriptive of the business' industry.
  • Checking the name for availability: Check your name against the database of already registered business names in the state. Most states require that names of new businesses should be different from existing company names and distinguishable from the names of other registered companies. The level of distinguishability required differs from state to state but, generally, new companies are not allowed to make minor changes to names of already registered businesses and register them as their own. Many states have online databases of already registered names that you can search for free.
  • Booking the name: You can register a Doing Business As name by filing a form with the state's Department of Corporations. The filing can generally be done in person, by postal mail, or online. A small fee of $10-$50 is paid for the filing. Some states do require that foreign companies file the name by postal mail. This filing is not the final registration but is normally done to keep the name on hold for your business for a couple of weeks pending the official registration.
  • Officially registering the name: Company names in most states are officially registered by filing a form called the Articles of Organization or Certificate of Incorporation or Articles of Formation. In many states, this filing is normally done with the Division of Corporations of the office of secretary of state. A $50-$200 fee is normally required. The acceptance of this filing means that your company's name is officially registered.

Where and When You Need to Register a DBA

Not every state requires a DBA to be registered, but if you plan to transact business, sign contracts, or open bank accounts under a name that differs from your LLC name, registration is often legally required.

Here are some key considerations:

  • State laws vary: Some states require registration at the state level, while others require filing at the county level.
  • Timing matters: Many states require you to register your DBA before using the name in commerce.
  • Renewal and updates: Some states require you to renew your DBA periodically (e.g., every five years) or notify the state if ownership or business structure changes.

Failing to register a DBA when required can result in fines, inability to enforce contracts under the name, and even legal penalties in some jurisdictions.

Common Requirements for Doing Business As Names

Trade names must meet a number of requirements to be accepted for registration. Some of the common requirements in various states are:

  • The name should not be in use by another registered entity in the state.
  • The name should be distinguishable from other names of registered entities in that state.
  • Depending on the type of business, the name is sometimes required to contain a specific phrase in the name. For example, limited liability companies are required to have the "limited liability company" phrase or acronym within the name.
  • The name should not infringe on the copyrights of other registered companies in the U.S. Although this is not a requirement for registration in many states, it is prudent to check with the United States Patents and Trademarks Office to avoid any future litigation because of trademark issues.

Compliance and Best Practices for Using a DBA

Once you’ve registered your DBA, using it correctly is essential to maintain compliance and build trust. Consider these best practices:

  • Consistent branding: Use the DBA name consistently on signage, business cards, websites, invoices, and advertising.
  • Disclose legal entity: In contracts and official documents, clarify your LLC’s legal name behind the DBA (e.g., “Bay Coffee Roasters, a DBA of Harbor Bay Holdings LLC”).
  • Avoid misleading terms: Don’t use words in your DBA that could mislead the public about your business structure (e.g., using “Inc.” if you're an LLC).
  • Trademark protection: A DBA does not offer trademark protection. Consider trademarking your business name separately to prevent others from using a similar name nationally.

If you're unsure whether you’re meeting your state’s DBA requirements or if your name might conflict with a trademark, a business attorney can help you navigate the legalities. You can find experienced legal help on UpCounsel.

Frequently Asked Questions

  • Can my business have a different name than the LLC?
    Yes, this is commonly done by registering a DBA (Doing Business As) name, which allows you to operate under a different brand or trade name than your LLC’s legal name.
  • Do I need a DBA if my business name is different from my LLC name?
    In most states, yes. If you're conducting business under a name that isn't your LLC's legal name, you typically need to register a DBA.
  • Does a DBA give me trademark rights?
    No. A DBA allows you to use a name, but it doesn’t offer trademark protection. To secure exclusive rights, you must file a federal or state trademark.
  • Can I use more than one DBA under my LLC?
    Yes. Many businesses register multiple DBAs under a single LLC to operate different brands or business lines.
  • Can I open a bank account using a DBA?
    Yes, but most banks will require you to show proof of DBA registration before allowing you to open a business bank account under that name.

If you need help with choosing, registering, and cross-checking your DBA name, you can post your legal need on UpCounsel's marketplace. UpCounsel accepts only the top 5 percent of lawyers to its site. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and average 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb.