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

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How to Get a DBA Name in Maryland

If you want to use a different name other than the legal name for your business in Maryland, 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 Maryland LLC reach a wider audience.

Maryland, also known as The Old Line 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 Maryland.

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 Maryland

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 Articles of Incorporation or Articles of Organization 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 Maryland 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 Maryland under a name other than your personal name or an existing corporate name, you must file a DBA name with Maryland 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.

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How to Obtain a DBA Name in Maryland

Want to obtain a DBA name in Maryland? 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 Maryland, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Maryland, search the Maryland Business Express database provided by the Maryland Secretary of State. This step is important to avoid potential legal issues and confusion for customers.

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Step 2: Choose a DBA Name

In Maryland, 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 Maryland 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 Maryland DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Maryland Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Maryland 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.

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Step 4: Submit the Application

To file the Maryland DBA Name, you must apply to the Maryland Secretary of State or the appropriate county office. In Maryland, you can file the DBA name using various methods, such as (three methods, online, by mail, and in person filing.). The cost of filing the Fictitious Name (DBA name) in Maryland is $25 Filing Fee and $50 Expedited Fee. This fee may vary depending on the method of filing or the specific county where you are registering your DBA name.

  • Online: For online filing, check the Maryland Business Express Website. There, look for the “Fictitious Names” section. You will get the registration form.
  • Offline: For filing offline, you must send the downloaded PDF form or drop it off in person at the Charter Division, Department of Assessments and Taxation, 301 W. Preston Street, Room 801, Baltimore, MD 21201

Step 5: Use the Maryland 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 Maryland 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 Maryland and use it to enhance your business’s visibility and reach.

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DBA Name in Maryland: A Detailed Guide

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

Renewing a DBA Name in Maryland

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 five years, you should renew your Maryland DBA to ensure continued compliance with state regulations.

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

  1. Check the renewal deadline: Be aware of the renewal deadline for your DBA name, typically every five years. 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 Maryland 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 Maryland 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 Maryland Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in Maryland

If you need to change your Trade Name (DBA or Fictitious Name), apply to the Maryland 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 five years.

To change your trade name in Maryland, 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 Maryland Government Records Inquiry System or the Maryland Business Express database provided by the Maryland Secretary of State to confirm business name availability in Maryland.
  2. Complete the change application: Obtain the trade name change application from the Maryland 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 Maryland 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 Maryland 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?
DBA stands for “Doing Business As.” It is the name that a business or individual uses to conduct business activities that differ from their legal name.
Do I need a DBA in Maryland?
If you want to conduct business under a name other than your own legal name, you will need a DBA in Maryland.
How can I search for existing DBA names in Maryland?
The Maryland Department of Assessments and Taxation maintains a searchable database of DBAs on their website.
How long does it take to apply for a DBA in Maryland?
The processing time for a DBA application in Maryland can take up to 6 weeks.
What is the fee for a DBA application in Maryland?
The fee for a DBA application in Maryland is $25.
Can I use my social security number when filing for a DBA in Maryland?
No, you will need an Employer Identification Number (EIN) from the IRS to file for a DBA in Maryland.
What is the difference between an EIN and a DBA?
An EIN is a unique nine-digit number that identifies your business for tax purposes, while a DBA is simply a fictitious name used to do business under.
How can I apply for an EIN in Maryland?
You can apply for an EIN in Maryland on the IRS website.
Can I have multiple DBAs in Maryland?
Yes, you can have multiple DBAs in Maryland as long as each one is unique and not already in use by another business.
Can I change my DBA name in Maryland?
Yes, but you will need to file a new DBA application and pay the $25 fee.
How long is my DBA registration valid in Maryland?
Your Maryland DBA registration is valid for 5 years.
Do I need to register my DBA name with local city or county agencies in Maryland?
Yes, some cities and counties in Maryland require businesses to register their DBA name with their local agencies.
How can I renew my DBA registration in Maryland?
You can renew your Maryland DBA registration online through the Maryland Business Express website.
Can I incorporate a DBA name in Maryland?
No, a DBA is not a legal entity and cannot be incorporated in Maryland.
What is a trade name in Maryland?
A trade name in Maryland is synonymous with a DBA name; it is the name a business uses to conduct business activities under.
Can I use a DBA name to establish business credit in Maryland?
Yes, you can use your DBA name to establish business credit in Maryland.
Do I need to file for a DBA if I am self-employed in Maryland?
If you are self-employed and using your legal name to conduct business activities, you do not need to file for a DBA in Maryland.
Can a foreign entity file for a DBA in Maryland?
Yes, a foreign entity can file for a DBA in Maryland as long as they register to do business in the state.
Can a limited liability company (LLC) file for a DBA in Maryland?
Yes, an LLC can file for a DBA in Maryland as they are regarded as a separate legal entity from its owners.
What are the consequences of not registering for a DBA in Maryland?
If you fail to register for a DBA in Maryland, you may face legal and financial consequences such as penalties and fines.
Do I need a lawyer to file for a DBA in Maryland?
No, but consulting a business attorney can be helpful to ensure all legal requirements are met and to answer any questions you may have.
Can I transfer my DBA name from another state to Maryland?
No, you will need to file a new DBA application with the Maryland Department of Assessments and Taxation.
Can I use a DBA name for a nonprofit organization in Maryland?
Yes, nonprofit organizations in Maryland can use a DBA name as long as it is not misleading or deceptive.
Can I trademark my DBA name in Maryland?
Yes, you can apply for a trademark for your DBA name in Maryland through the United States Patent and Trademark Office (USPTO).
Is a DBA name required for sole proprietorships in Maryland?
No, sole proprietorships can use their legal name to conduct business in Maryland if they choose not to use a DBA name.
Can two businesses in Maryland have the same DBA name?
No, DBA names are unique and cannot be used by another business in Maryland.
Can I file for a DBA name online in Maryland?
Yes, you can file for a DBA name online through the Maryland Business Express website.
Do I need a business license to register for a DBA in Maryland?
No, a business license is not required to file for a DBA in Maryland.
Can I get a refund for my DBA registration fee in Maryland?
No, the Maryland DBA registration fee of $25 is non-refundable.
What is a DBA and why would I need one in Maryland?
DBA stands for “doing business as” and refers to a name that a person or business uses for their business activities that’s different from their legal name. You would need a DBA if you wanted to conduct business under a name other than your own, such as “John Smith Enterprises” instead of just “John Smith”.
Do I need to register my DBA name with the state of Maryland?
Yes, if you are doing business in Maryland, you need to register your DBA name with the state.
How much does it cost to register a DBA name in Maryland?
It costs $25 to register a DBA name in Maryland.
Can any name be used as a DBA name in Maryland?
No, you cannot use a name that is already registered in Maryland or any other name that could be misleading to the public.
How long does it take to get a DBA name in Maryland?
It can take a few weeks to get a DBA name in Maryland.
Can I use my DBA name immediately upon registration?
Yes, you can start using your DBA name as soon as your registration is complete.
Do I need to renew my Maryland DBA registration?
Yes, you need to renew your DBA registration every five years in Maryland.
What happens if my DBA name registration expires in Maryland?
If your DBA registration expires in Maryland, you will need to renew it or stop using the DBA name.
Can I transfer my Maryland DBA name registration to someone else?
No, you cannot transfer a DBA registration in Maryland.
Do I need to publish my Maryland DBA name in a newspaper?
No, Maryland does not require you to publish your DBA name in a newspaper.
Can I change my Maryland DBA name after registration?
Yes, you can change your DBA name in Maryland, but you would need to register a new DBA name and pay the fee.
Can more than one business use the same DBA name in Maryland?
No, you cannot use a DBA name in Maryland if another business is already using it.
Can I use my Maryland DBA name in other states?
You may be able to use your Maryland DBA name in other states, but you would need to make sure there are no other businesses using that name in those states.
Do I need to have a specific business structure to register a DBA in Maryland?
No, you can register a DBA with any business structure, including sole proprietorship, partnership, LLC, or corporation.
Is there a penalty for not registering a DBA name in Maryland?
Yes, there could be legal and financial penalties for doing business with a DBA name that’s not registered in Maryland.
Can I apply for a Maryland DBA name online?
Yes, you can apply for a Maryland DBA name online on the Maryland Department of Assessment and Taxation website.
What information do I need to provide on the Maryland DBA registration application?
You will need to provide your legal name, your DBA name, your business address, and other basic information about your business.
Do I need to obtain any specific licenses or permits to use a DBA name in Maryland?
It depends on the type of business you have and where it’s located. You may need to obtain specific licenses or permits before using a DBA name in Maryland.
Can I use a DBA name to avoid paying taxes in Maryland?
No, using a DBA name does not exempt you from paying taxes on your business income in Maryland.
Can I protect my DBA name with a trademark in Maryland?
Yes, you can apply for a trademark on your DBA name in Maryland to protect it from being used by others.
What happens if another business is using my DBA name in Maryland?
You may need to take legal action to stop the other business from using your DBA name in Maryland.
Is it important to choose a unique DBA name in Maryland?
Yes, having a unique DBA name can help you stand out from competitors and avoid legal issues.
Can I use a DBA name that’s similar to another business’s name in Maryland?
It’s generally best to avoid using a name that’s similar to another business’s name to avoid confusion.
Will registering a DBA name protect my business name in Maryland?
Registering a DBA name will not protect your business name in Maryland. If you want to protect your business name, you would need to register a trademark.
Do I need to register my DBA name with the IRS in Maryland?
No, you do not need to register your DBA name with the IRS in Maryland.
Can I change my Maryland DBA name to a name that’s already registered as a trademark in another state?
It’s generally best to avoid registering a DBA name that’s already a registered trademark elsewhere to avoid legal issues.
Do I need a lawyer to register a DBA name in Maryland?
No, but you may want to consult with a lawyer if you have questions or concerns about the registration process.
Can I use a DBA name to cover up fraudulent activity in Maryland?
No, using a DBA name to cover up fraudulent activity is illegal in Maryland and can lead to legal consequences.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in Maryland 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.

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