How to Get a DBA Name in Delaware 2024: A Complete Guide

by
How to Get a DBA Name in Delaware

If you want to use a different name other than the legal name for your business in Delaware, you must file a DBA (Doing Business As) name. The public, specifically your potential customers, will recognize your business by its registered legal name. Using a trade name or DBA in marketing and sales can help your Delaware LLC reach a wider audience.

Delaware, also known as The First State, has specific regulations for filing a DBA name. However, these regulations can vary depending on your business structure. At LLCBase, we understand that forming a business can be an overwhelming experience, so we are here to help you every step of the way. This article will provide the essential steps to obtain a DBA Name in Delaware.

Get a DBA Name

What is a DBA

A DBA, which stands for “Doing Business As,” is a name under which a business operates that differs from its legal name. It is also known as a trade, assumed, or fictitious name. A DBA allows business owners, such as sole proprietors, general partnerships, limited liability companies (LLCs), and corporations, to conduct business under a separate name without creating a new legal entity.

Registering a DBA is important for several reasons, including legal compliance, branding, and customer recognition. The process for obtaining a DBA varies by jurisdiction and may require filing with a state or county government office. Researching local regulations and following the steps to register your DBA name properly is essential.

Understanding DBA Names in Delaware

You must choose a name when you form an LLC or any business structure. Every company has a legal name. For example, a partnership or sole proprietorship might operate under the legal name of the company’s owner or owners. The name specified in the Certificate of Incorporation or Certificate of Formation can be used by any business entity, including corporations, limited liability companies (LLCs), and others.

There are situations when you may decide not to use your company’s registered legal name in Delaware for various reasons. Your company’s legal name might not be relevant to your business or no longer accurately describe it. Alternatively, you might want a new name without changing your incorporation or registration documents.

If you plan to start your business in Delaware under a name other than your personal name or an existing corporate name, you must file a DBA name with Delaware state, regardless of the type of business entity you have incorporated as (sole proprietor, partnership, corporation, or LLC).

There are no restrictions on how many DBA names you can use for your business. However, each DBA name must be filed with the state where you conduct business. This is necessary because the general public has a legal right to know whether a specific individual or company is operating under a name other than their legal name.

LLC Services

Rating & Pricing

Top Features

Learn More

#1 Editor's Choice
Legalzoom

$0 + State Filing Fee

  • Free LLC Formation

  • Various Legal Services

  • Attorney Advice

Learn More

$299 + State Filing Fee

  • Single Package

  • Flat Pricing

  • Legal Services

Learn More

How to Obtain a DBA Name in Delaware

Want to obtain a DBA name in Delaware? Simply follow these easy-peasy steps, and you’ll be well on your way to securing that perfect “doing business as” name in no time!

Step 1: Check Name Availability

Before filing a DBA in Delaware, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Delaware, search the Delaware Division of Corporations Entity Search database provided by the Delaware Secretary of State. This step is important to avoid potential legal issues and confusion for customers.

Recommended: Searching for the perfect DBA name for your LLC? Look no further! Choose an LLC service and let them handle the name search effortlessly. Kickstart your business journey its first-rate assistance! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Step 2: Choose a DBA Name

In Delaware, fictitious names cannot be identical or too similar. A DBA should avoid deceiving the public by appearing confusingly similar to any other business name. When choosing a DBA name, ensure it follows the guidelines and restrictions the Delaware government sets. These guidelines may include avoiding certain words or phrases, such as those related to banking, insurance, or professional designations, without proper authorization.

Step 3: Register the Delaware DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Delaware Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Delaware counties, specific information is required, such as the company’s name, organization type, and description of the products or services to be provided under the Fictitious Name. Carefully complete the necessary forms and ensure all information is accurate and complete.

Searching for the best LLC services in Delaware to help you snag your dream DBA name? Look no further! We’ve rounded up the best options for you, making it a snap to find the ideal match for your unique business needs.

Recommended: Ready to register a dazzling Delaware DBA name for your LLC? Hire a trusted LLC service, and let them make the process a breeze! Embark on your successful business journey with the perfect name, all thanks to their expertise! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Step 4: Submit the Application

To file the Delaware DBA Name, you must apply to the Delaware Secretary of State or the appropriate county office. In Delaware, you can file the DBA name using various methods, such as (two methods, by mail and in person). The cost of filing the Fictitious Name (DBA name) in Delaware is $25. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: There is no online filing available
  • Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Leonard L. Williams Justice Center, Prothonotary, Superior Court, 500 North King Street, Suite 500, LL1, Wilmington, DE 19801-3746

Step 5: Use the Delaware DBA Name

Once your DBA name is registered and approved, you can use it in your business operations. Be prepared to provide three “specimens” demonstrating the Trade Name used, such as business cards, booklets, flyers, labels, or stickers. These specimens may be requested by the Delaware Secretary of State or the county office as proof of usage. Properly displaying your DBA name in your marketing materials, signage, and other business documents is essential to ensure customers and clients know your new trade name.

Following these steps, you can obtain a DBA name in Delaware and use it to enhance your business’s visibility and reach.

Recommended: Overwhelmed by the intricate process of obtaining a DBA name? Worry no more! Hire an LLC service to guide you through the journey smoothly and put your mind at ease with 100% confidence. We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

DBA Name in Delaware: A Detailed Guide

Read the comprehensive guide to renewing and changing a DBA name in Delaware:

Renewing a DBA Name in Delaware

It is essential to renew your DBA name periodically to maintain its validity. In most states, renewing a DBA name follows the same process as filing a new DBA name. Every Indefinite, you should renew your Delaware DBA to ensure continued compliance with state regulations.

To renew your DBA name in Delaware, follow these steps:

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every Indefinite. Missing the deadline may result in penalties or loss of your trade name rights.
  2. Complete the renewal application: Obtain the renewal application from the Delaware Secretary of State or the appropriate county office. Fill out the required information, including updates on your business address, contact information, and a description of the products or services provided under the Fictitious Name.
  3. Submit the renewal application: Submit the completed renewal application to the Delaware Secretary of State or the appropriate county office by the deadline. Be prepared to pay the renewal fee, which may vary depending on the method of submission or the specific county where you are renewing your DBA name.
  4. Receive confirmation: Once your renewal has been processed and approved, you will receive confirmation from the Delaware Secretary of State or the county office. Keep this documentation for your records.

Recommended: Time for Delaware DBA name change or renewal? We recommend that you hire a reliable LLC service and watch the transformation unfold! We recommend –

Our #1 Pick: LegalZoom – ($0 + State Fees) Online LLC Setup

Changing a DBA Name in Delaware

If you need to change your Trade Name (DBA or Fictitious Name), apply to the Delaware Secretary of State (SOS) or the appropriate county office. The process for changing a trading name is similar to registering a new DBA. You can reserve your DBA name for Indefinite.

To change your trade name in Delaware, follow these steps:

  1. Check name availability: Before applying for a new trade name, ensure that another business still needs to use the desired name. Search the Delaware Government Records Inquiry System or the Delaware Division of Corporations Entity Search database provided by the Delaware Secretary of State to confirm business name availability in Delaware.
  2. Complete the change application: Obtain the trade name change application from the Delaware Secretary of State or the appropriate county office. Fill out the required information, including the current and new trade names you wish to use.
  3. Submit the change application: Submit the completed change application to the Delaware Secretary of State or the appropriate county office. Be prepared to pay the change fee, which may vary depending on the submission method or the county where you change your DBA name.
  4. Receive confirmation: Once your trade name change has been processed and approved, you will receive confirmation from the Delaware Secretary of State or the county office. Keep this documentation for your records and update all relevant business materials with the new trade name.

FAQs

What is a DBA name in Delaware?
A DBA (Doing Business As) name is a fictitious name that a business owner can use instead of their legal name when conducting business.
Do I need to register a DBA name in Delaware?
Yes, if you are doing business under a name different than your legal name, you are required to register a DBA name in Delaware.
How much does it cost to register a DBA name in Delaware?
To register a DBA name in Delaware, it will cost you $25.
How long does it take to get a DBA name in Delaware?
Once you submit your application to register a DBA name in Delaware, it will take approximately two weeks to receive your certificate.
Can I register a DBA name in Delaware online?
Yes, you can register a DBA name in Delaware online using the state’s Division of Corporations website.
What is the online application process for registering a DBA name in Delaware?
The online application process involves completing a form with your business information and paying the $25 fee.
What information do I need to provide when registering a DBA name in Delaware?
You will need to provide your business name, the DBA name you want to register, your business address, and the names of all owners.
Is it necessary to have a physical address in Delaware to register a DBA name?
No, you do not need a physical address in Delaware to register a DBA name. You can provide an out-of-state address if necessary.
Can I register multiple DBA names for my business in Delaware?
Yes, you can register multiple DBA names for your business in Delaware as long as each name follows the state’s regulations.
How long does a DBA name last in Delaware?
A DBA name in Delaware lasts for five years before requiring renewal.
What is the renewal fee for a DBA name in Delaware?
The renewal fee for a DBA name in Delaware is $25.
Are there any restrictions on what to name my DBA in Delaware?
Yes, your DBA name cannot already be in use by another business, and it cannot contain words such as “corporation” or “incorporated” unless your business is a legal entity.
Can I change my DBA name after it’s registered in Delaware?
Yes, you can change your DBA name in Delaware by filing a new registration form and paying the $25 fee.
Can I cancel my DBA name registration in Delaware?
Yes, you can cancel your DBA name registration in Delaware by submitting a cancellation form and paying the $25 fee.
Do I need to publish my DBA name in Delaware?
No, in Delaware, you are not required to publish your DBA name.
What happens if I fail to register a DBA name in Delaware?
Failure to register a DBA name in Delaware can result in legal issues and fines.
Is a DBA name registration in Delaware publicly available?
Yes, a DBA name registration in Delaware is part of public records.
Can I use my DBA name to open a business checking account in Delaware?
Yes, you can use your DBA name to open a business checking account in Delaware.
Can I sell items under my DBA name in Delaware?
Yes, you can sell items under your DBA name in Delaware.
Can I apply for a business license using my DBA name in Delaware?
Yes, you can apply for a business license using your DBA name in Delaware.
Can I draft contracts using my DBA name in Delaware?
Yes, you can draft contracts using your DBA name in Delaware.
Can I apply for a trademark using my DBA name in Delaware?
Yes, you can apply for a trademark using your DBA name in Delaware.
Can I register a domain name using my DBA name in Delaware?
Yes, you can register a domain name using your DBA name in Delaware.
What should I do if my DBA name application is rejected in Delaware?
If your DBA name application is rejected in Delaware, you can reapply with a different name or appeal the decision.
Can I speak with someone about my DBA name registration in Delaware?
Yes, you can contact the state’s Division of Corporations for assistance with your DBA name registration.
Do I need a lawyer to register a DBA name in Delaware?
No, you do not need a lawyer to register a DBA name in Delaware, but it can be helpful if you have legal questions or concerns.
Will my DBA name protect me against lawsuits in Delaware?
No, registering a DBA name in Delaware does not provide any legal protection against lawsuits.
Can I use my personal name instead of a DBA name in Delaware?
Yes, you can use your personal name instead of a DBA name in Delaware as long as it’s not misleading or deceptive.
What is a DBA name?
A DBA (Doing Business As) name is a name used by a business that is different from the legal name of the business.
Can I use a DBA name in Delaware?
Yes, you can use a DBA name in Delaware.
How do I apply for a DBA name in Delaware?
To apply for a DBA name in Delaware, you need to file a Certificate of Assumed Name form with the Delaware Division of Corporations.
What information do I need to provide when applying for a DBA name in Delaware?
You need to provide the legal name of your business, the DBA name you want to use, your contact information, and other required information.
Can I change my DBA name in Delaware?
Yes, you can change your DBA name in Delaware by filing an Amendment to a Certificate of Assumed Name form with the Division of Corporations.
Is there a deadline for registering a DBA name in Delaware?
No, there is no deadline for registering a DBA name in Delaware.
Who needs to register a DBA name in Delaware?
Any business that wants to use a name other than their legal name needs to register a DBA name in Delaware.
Can I use a DBA name for an LLC in Delaware?
Yes, you can use a DBA name for an LLC in Delaware.
What happens if I don’t register a DBA name in Delaware?
If you don’t register a DBA name in Delaware, you will not be able to use a name other than your legal name for your business.
Can I register a DBA name online in Delaware?
Yes, you can register a DBA name online in Delaware through the Division of Corporations website.
Am I required to have a DBA name to conduct business in Delaware?
No, you are not required to have a DBA name to conduct business in Delaware.
Can a corporation have a DBA name in Delaware?
Yes, a corporation can have a DBA name in Delaware.
Can I register multiple DBA names in Delaware?
Yes, you can register multiple DBA names in Delaware.
Can I use a DBA name that someone else is already using in Delaware?
No, you cannot use a DBA name that someone else is already using in Delaware.
Do I need to renew my DBA name in Delaware?
No, you do not need to renew your DBA name in Delaware.
How do I cancel a DBA name in Delaware?
You can cancel a DBA name in Delaware by filing a Cancellation of Assumed Name form with the Division of Corporations.
Can I register a DBA name for a non-profit organization in Delaware?
Yes, you can register a DBA name for a non-profit organization in Delaware.
What are the consequences of not registering a DBA name in Delaware?
You will not be able to use a name other than your legal name for your business.
Do I need a physical address in Delaware to register a DBA name?
No, you do not need a physical address in Delaware to register a DBA name.
Can an individual register a DBA name in Delaware?
Yes, an individual can register a DBA name in Delaware.
Does registering a DBA name in Delaware offer any legal or trademark protection?
No, registering a DBA name in Delaware does not offer any legal or trademark protection.
Can I use a DBA name for an online business in Delaware?
Yes, you can use a DBA name for an online business in Delaware.
Is a DBA name the same as a trademark in Delaware?
No, a DBA name and a trademark are not the same thing in Delaware.
Can I use a DBA name for a restaurant in Delaware?
Yes, you can use a DBA name for a restaurant in Delaware.
Can I register a DBA name for a partnership in Delaware?
Yes, you can register a DBA name for a partnership in Delaware.

Also Read

Conclusion

Navigating obtaining, renewing, or changing a DBA name in Delaware is essential to managing your business’s identity and growth. Following the outlined steps and adhering to state regulations ensures your business remains compliant and continues to thrive. Remember, a well-chosen trade name reflects your brand identity and helps you connect with your target audience more effectively. As your business evolves, it’s crucial to stay adaptable and responsive to the ever-changing market conditions, and having a suitable DBA name is a significant part of that journey.

So, embrace the opportunity to create a professional and friendly image for your business, and let your DBA name be the catalyst for success. Visit LLCBase today to access valuable resources and guidance tailored to your business needs.

Leave a Comment