A fictitious name, also known as a trade name or a DBA (doing business as), is a legal term that refers to a business name that is different from the owner’s legal name. In this article, we will explore the purpose of a fictitious name and why businesses choose to use one. We will also explain the process of registering a fictitious name and provide some tips for choosing a memorable and effective trade name. If you would like to learn more about DBAs from experienced business law attorneys, consider contacting Polymath Legal PC at 833-931-6418.
The Purpose of a Fictitious Name
The purpose of a fictitious name is to allow a business to operate under a name that is different from the legal name of the owner or owners. This is important because it enables businesses to create a distinct brand identity and to avoid confusion with other businesses that may have similar names.
Another reason why businesses may choose to use a fictitious name is to protect the privacy of the owner or owners. When a business operates under a fictitious name, the owner’s legal name is not listed on public records. Instead, the trade name is used, which helps to keep the owner’s identity confidential.
Registering a Fictitious Name
To register a fictitious name, a business must file a DBA (doing business as) statement with the appropriate state or local government agency. The requirements for registering a fictitious name vary depending on the state and locality in which the business is located.
In general, the process of registering a fictitious name involves completing a form that includes the name and address of the business, the trade name that will be used, and the name and address of the owner or owners. There is usually a filing fee that must be paid at the time of registration.
Once the DBA statement has been filed and the fee has been paid, the business can begin using the fictitious name. It is important to note, however, that a fictitious name registration is not the same as a trademark registration. Registering a fictitious name does not give the business exclusive rights to use the name, and it does not prevent other businesses from using a similar name.
Choosing a Memorable and Effective Trade Name
When choosing a fictitious name, it is important to select a name that is memorable, easy to pronounce, and easy to spell. The name should also be unique and not too similar to other businesses in the same industry.
It is a good idea to conduct a search of existing trade names to make sure that the name you choose is not already in use. You can search for existing trade names on the website of the state or local government agency responsible for registering fictitious names.
Conclusion
In conclusion, a fictitious name is a legal term that refers to a business name that is different from the owner’s legal name. The purpose of a fictitious name is to allow businesses to create a distinct brand identity and to protect the privacy of the owner or owners. To register a fictitious name, a business must file a DBA statement with the appropriate state or local government agency. When choosing a trade name, it is important to select a memorable and effective name that is not too similar to other businesses in the same industry.
If you would like to learn more about DBAs from experienced business law attorneys, consider contacting Polymath Legal PC at 833-931-6418.