Key Takeaways

  • A fictitious name, or “doing business as” (DBA), allows sole proprietors to operate under a different name than their personal legal name.
  • Most states require DBAs to be registered at the county or state level to ensure transparency and enforceability.
  • A fictitious name must not be misleading, infringe on trademarks, or imply multiple owners unless accurate.
  • Registering a fictitious name can help open business bank accounts, sign contracts, and advertise more effectively.
  • Publication requirements and renewal timelines vary by jurisdiction, often requiring notice in a local newspaper.

What does a fictitious name mean? A fictitious name mean, also referred to as a DBA or "doing business as" name, is when a person registers a business name with the city or county to let people know who owns the enterprise.

About the Fictitious Name Process

A registered or legal name identifies your business and is used by federal and state taxing authorities when filing your business taxes and banks and other financial institutions for legal purposes. A trade name is what is used in advertising or trade purposes. While the term "fictitious business" may come across as a business with illegal practices in mind, that is not the case. The term is used for the registration of businesses in certain situations.

Determining if you need to file a fictitious name depends on whether the business will be operated under an assumed name. For example, John Doe wants to open a business and call it "Super-Size Apartment Movers." Mr. Doe will need to file as a fictitious named business or DBA with the county clerk's office.

If he chooses to name the business "John Doe's Super-Size Apartment Movers," he would not need to file a fictitious business statement because the company name uses his legal name.

When Is a Fictitious Name Required for a Sole Proprietor?

A sole proprietor must register a fictitious name (or DBA) if the business name does not include the owner's full legal name. Simply using initials or partial names typically requires filing. For example, "John Smith Auto Repair" might not need registration, but "J.S. Auto Repair" likely would. Additionally, if the business name implies a partnership or additional owners—such as "Smith & Associates"—even when there’s only one proprietor, most states require DBA registration to avoid misleading the public.

Fictitious Names and State Law

A sole proprietorship not using the owner's legal name usually requires that the name be registered with the Secretary of State's office. This may differ in some states, such as Florida, where a legal name can be a person's given name or a properly registered business name. This may include the sole proprietors given name, trademarks, and service marks.

While some sole proprietorships, such as someone working in a freelance capacity, use their own name, others may choose a more creative name. This will need to be registered. There are some variations on whether the filing of a fictitious name is to be done at the county or the state level. There are also state variations regarding who is responsible for filing a fictitious business name based on how the company is being named.

There are two important reasons for registering a fictitious business name. By registering the business, the owner can be found in case of any problems related to the enterprise. Also, a business owner with a signed contract and registered business name can better enforce a contract.

How to Register a Sole Proprietorship Fictitious Name

The process for registering a fictitious name usually involves the following steps:

  1. Determine Jurisdiction Requirements: Check whether registration is handled at the county or state level. This varies by state.
  2. Search Name Availability: Most local agencies require a database search to ensure the desired fictitious name is not already in use. This search does not guarantee trademark clearance.
  3. Complete and Submit an Application: File a FBN (Fictitious Business Name) or DBA statement with the appropriate office. Fees typically range from $10–$50.
  4. Publish a Legal Notice: Many jurisdictions require publication of the name in an approved newspaper once a week for several weeks.
  5. Submit Proof of Publication: After fulfilling the publication requirement, a notarized affidavit (proof of publication) is submitted.
  6. Renew as Needed: Most fictitious name registrations are valid for about five years and must be renewed prior to expiration.

The Objective of Having a Fictitious Name

Fictitious names are used for a variety of purposes, including:

  • Naming a business.
  • Legal purposes.
  • Advertising.
  • Identification.

An example of identification would be a company named "Fax Express LLC." The LLC is the legal name designation and the one registered with the state. When you advertise, you may not include the abbreviation "LLC". You may also choose to do business under a trade name, such as "Fastest Faxing." In this case, a fictitious name must be registered since the business does not carry your name.

LLCs, partnerships, and corporations may also register fictitious names. Depending on the state of registration, you may or may not be exempt from the laws that require sole proprietorships to register fictitious names.

At the end of the day, if you are using a different trade name from the registered name of the business, it is the public's right to know who is in charge or running the business. Such a statement is often posted in a local newspaper or other approved media and becomes public record alerting the public that the trade name in use is connected to another legal name for the business.

For example, a business named "Smith Enterprises" DBA "Samantha's Crafts" means the business is using a trade name: "Samantha's Crafts." In this situation, the owner has filed a fictitious name statement connecting the trade name to Smith Enterprises.

Legal and Marketing Advantages of Using a Fictitious Name

For sole proprietors, a fictitious name can:

  • Legally separate personal identity from business branding
  • Facilitate opening business bank accounts under the DBA name
  • Make business signage, marketing, and contracts more professional
  • Comply with state and local laws to avoid penalties or shutdowns
  • Create the flexibility to brand specific product or service lines differently without forming a new legal entity

Summary of Reasons for Using a Fictitious Name

  • Company owners are easily found.
  • Consumers can find the owner of a fictitious named business if they have complaints.
  • Other businesses and start-ups can find out if the name they want to use is available.
  • If your business operates under a non-fictitious name, you cannot sign contracts or enforce agreements on behalf of the enterprise.

Common Mistakes to Avoid with Sole Proprietorship Fictitious Names

To maintain compliance and avoid legal trouble, sole proprietors should avoid:

  • Skipping the DBA registration: This can prevent opening bank accounts and limit legal enforceability of contracts.
  • Choosing misleading names: Avoid names that imply multiple owners if you’re operating solo.
  • Neglecting trademark checks: A name may be available locally but still infringe on an existing trademark.
  • Forgetting to renew: DBA registrations expire and need to be renewed periodically.
  • Failing to publish notices: In many states, failure to publish in a local paper can void your registration.

Frequently Asked Questions

What does a fictitious name mean?A fictitious name, also known as a DBA (“doing business as”), is a registered business name that differs from the legal name of the sole proprietor or entity.

Is a fictitious name the same as a legal business name?No. A legal business name is the name used when forming the business, while a fictitious name is an alternate name registered for branding or operational purposes.

Do sole proprietors always need a fictitious name?No. If the business name includes the owner’s full legal name (e.g., “Jane Doe Landscaping”), a fictitious name is usually not required. Otherwise, registration is generally necessary.

Can I trademark a fictitious name?Yes. A fictitious name can be trademarked if it meets distinctiveness requirements and is not already in use. However, registering a DBA does not automatically grant trademark rights.

What happens if I don’t register my DBA?You may face legal penalties, inability to enforce contracts, or rejection by banks when opening a business account under that name.

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