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

How to Get a DBA Name in New Jersey

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

New Jersey, also known as The Garden 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 New Jersey.

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 New Jersey

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 New Jersey 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 New Jersey under a name other than your personal name or an existing corporate name, you must file a DBA name with New Jersey 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 New Jersey

Want to obtain a DBA name in New Jersey? 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 New Jersey, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in New Jersey, search the New Jersey Division of Revenue & Enterprise Services database provided by the New Jersey 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 New Jersey, 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 New Jersey 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 New Jersey DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the New Jersey Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most New Jersey 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 New Jersey DBA Name, you must apply to the New Jersey Secretary of State or the appropriate county office. In New Jersey, 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 New Jersey is $50. 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 accomplished DBA filing form to the County Clerk’s Office in the county where your business is located. Addresses vary by county.

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

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DBA Name in New Jersey: A Detailed Guide

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

Renewing a DBA Name in New Jersey

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 New Jersey DBA to ensure continued compliance with state regulations.

To renew your DBA name in New Jersey, 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 New Jersey 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 New Jersey 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 New Jersey Secretary of State or the county office. Keep this documentation for your records.

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Changing a DBA Name in New Jersey

If you need to change your Trade Name (DBA or Fictitious Name), apply to the New Jersey 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 New Jersey, 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 New Jersey Government Records Inquiry System or the New Jersey Division of Revenue & Enterprise Services database provided by the New Jersey Secretary of State to confirm business name availability in New Jersey.
  2. Complete the change application: Obtain the trade name change application from the New Jersey 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 New Jersey 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 New Jersey 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 and why do I need it in New Jersey?
A DBA name, which stands for “doing business as” name, is a name that businesses use for operations that are different from their legal name. In New Jersey, all businesses that operate under a name that is different from the legal name must register a DBA name.
How much does it cost to register a DBA name in New Jersey?
The fee to register a DBA name in New Jersey is $50. In addition, there may be other applicable fees depending on the county or municipality in which the business is located.
What is the process for registering a DBA name in New Jersey?
The process for registering a DBA name in New Jersey involves submitting a form to the County Clerk’s office in the county where the business is located. The form must include the proposed DBA name and the name and address of the business owner.
Can I register a DBA name at the state level in New Jersey?
No, DBA names are registered at the county level in New Jersey.
Do I need a lawyer to register a DBA name in New Jersey?
No, you do not need a lawyer to register a DBA name in New Jersey. However, it is recommended that you consult with a lawyer if you have any legal questions or concerns.
Can I use a DBA name for my LLC or corporation in New Jersey?
Yes, LLCs and corporations can also use DBA names in New Jersey.
How long does it take to register a DBA name in New Jersey?
The processing time for registering a DBA name in New Jersey varies by county. It can take between 1-4 weeks to receive a filed and stamped copy of your registration from the county.
What is the difference between a DBA name and a registered trademark in New Jersey?
A DBA name is used for a specific business. A trademark, on the other hand, is used to protect your business’s goods or services. While a DBA name is necessary for a business operating under a name other than its legal name, a registered trademark provides greater protection for a business’s intellectual property.
Can I register a DBA name that is already in use in New Jersey?
No, you cannot register a DBA name that is already in use in New Jersey. The proposed DBA name must be unique.
How often do I need to renew my DBA name registration in New Jersey?
DBA name registrations in New Jersey do not have to be renewed on a regular basis. However, if your business address changes, you will need to register a new DBA name under the new address.
Can I operate under multiple DBA names in New Jersey?
Yes, you can operate under multiple DBA names in New Jersey as long as each DBA name is unique and registered with the county Clerk’s office.
Do I need to file a new DBA name registration if I change my business’s ownership structure?
Yes, any changes to a business’s ownership structure may require a new DBA name registration in New Jersey.
Can I transfer my DBA name registration to another business owner in New Jersey?
Yes, a DBA name registration can be transferred to another business owner in New Jersey. This can be done by officially ending the current registration and starting a new one with the new owner’s information.
Is there an age limit for registering a DBA name in New Jersey?
There is no age limit for registering a DBA name in New Jersey. However, minors will need a parent or legal guardian to complete and sign the registration form.
What are the consequences of not registering a DBA name in New Jersey?
If a business operates under a name different from its legal name without registering a DBA name in New Jersey, they may be subject to fines or legal action.
Are sole proprietors required to register a DBA name in New Jersey?
Yes, sole proprietors in New Jersey must register a DBA name if they operate under a name that is different from their legal name.
Can I use a DBA name for my nonprofit organization in New Jersey?
Yes, nonprofit organizations in New Jersey can use DBA names.
Do I need to provide proof of business ownership to register a DBA name in New Jersey?
There is no requirement for proof of business ownership to register a DBA name in New Jersey. However, the information provided on the registration form must be truthful.
Can I register a DBA name for a franchise location in New Jersey?
Yes, franchises in New Jersey can register and operate under a DBA name as long as it is different from the legal name of the franchise and registered with the county Clerk’s office.
Can I change my DBA name after it has been registered in New Jersey?
Yes, you can change your DBA name after it has been registered in New Jersey. This requires filing a new registration under the new name and official closing of the existing DBA name registration.
Do I need to register a DBA name if my business is registered with the State of New Jersey?
Yes, even if your business is registered with the State of New Jersey, you still need to register a DBA name if you are operating under a name other than your legal business name.
Can I use a DBA name for a side gig in New Jersey?
Yes, you can use a DBA name for a side gig in New Jersey as long as it is registered with the county Clerk’s office and the side gig is a legitimate, taxable source of income.
Can I use a DBA name for an online business in New Jersey?
Yes, businesses conducted online can use a DBA name in New Jersey as long as it is registered with the county Clerk’s office.
Can I register a DBA name for an out-of-state business operating in New Jersey?
Yes, out-of-state businesses operating in New Jersey can register a DBA name in any of the counties where they conduct business.
Can non-US citizens register a DBA name in New Jersey?
Yes, non-US citizens can register a DBA name in New Jersey as long as they have a valid US address and meet all other registration requirements.
Can a business use a DBA name if it is not a separate legal entity in New Jersey?
No, a business that is not a separate legal entity cannot use a DBA name in New Jersey.
Can I ever stop using my DBA name in New Jersey after I register it?
Yes, you can stop using a DBA name in New Jersey. This requires officially ending the registration with the county Clerk’s office.
Is there any advantage to using a DBA name instead of a legal business name in New Jersey?
There may be some advantages to using a DBA name instead of a legal business name in New Jersey, such as creating a creative or catchy title that is easier for customers to remember.
What happens if I move my business to a different county in New Jersey after registering a DBA name?
If you move your business to a different county in New Jersey, you will need to re-register your DBA name in the new county.
What is a DBA name and why do I need one in New Jersey?
A DBA (Doing Business As) name is a name under which a business operates that is different from its legal name. If you’re doing business under a name other than your personal name, you need to get a DBA name in New Jersey.
How much does it cost to file for a DBA name in New Jersey?
The cost to file for a DBA name in New Jersey varies by county, but it generally ranges from $50-$100.
How do I check if the DBA name I want is available in New Jersey?
You can search the NJ Business Gateway Services website to check if your desired DBA name is available in New Jersey.
Do I need to register my DBA name with the state of New Jersey?
No, you do not need to register your DBA name with the state of New Jersey, but you do need to file a business certificate with the county clerk’s office.
What information do I need to provide to file for a DBA name in New Jersey?
You will need to provide your business name, the name and address of the owner(s) of the business, and the name and address of each person who will be conducting business under the DBA name.
Can I file for a DBA name in multiple counties in New Jersey?
Yes, you can file for a DBA name in multiple counties in New Jersey if you plan to do business in those counties.
How long does it take to get a DBA name in New Jersey?
The processing time for a DBA name certificate varies by county, but it typically takes a few days to a few weeks.
Can I use my DBA name as a legal business name in New Jersey?
No, your DBA name is not a legal business name. You still need to register your business with the state of New Jersey and apply for any necessary licenses and permits.
How often do I need to renew my DBA name certificate in New Jersey?
Your DBA name certificate is valid for 5 years in New Jersey, at which point you will need to renew it.
Can I use abbreviations or symbols in my DBA name in New Jersey?
Yes, you can use abbreviations or symbols in your DBA name as long as it is not already being used by another business.
What if someone is already using the DBA name I want in New Jersey?
If someone is already using the DBA name you want in New Jersey, you will need to pick a different name.
Can I change my DBA name in New Jersey once I’ve filed for it?
Yes, you can change your DBA name in New Jersey by filing a new business certificate with the county clerk’s office.
Do I need to publish my DBA name in New Jersey?
No, you do not need to publish your DBA name in New Jersey.
Can I trademark my DBA name in New Jersey?
Yes, you can trademark your DBA name in New Jersey as long as it meets the requirements.
Can I have multiple DBA names for my business in New Jersey?
Yes, you can have multiple DBA names for your business in New Jersey.
Do I need to file for a state tax ID if I have a DBA name in New Jersey?
Yes, you will need to file for a state tax ID for your business even if you have a DBA name in New Jersey.
How do I know if I need a different type of business structure in New Jersey instead of a DBA name?
Consult with a legal or business advisor to determine which type of business structure is best for your needs in New Jersey.
What is the penalty for not filing a DBA name in New Jersey?
Failing to file a DBA name in New Jersey may result in legal consequences, including fines and the inability to do business in the state.
What do I do if I want to close my business with a DBA name in New Jersey?
You will need to file a dissolution certificate with the New Jersey Division of Revenue and Enterprise Services to close your business.
How can I protect my personal assets if I have a DBA name in New Jersey?
Consult with a legal or business advisor to determine which type of business structure is best for protecting your personal assets in New Jersey.
Do I need to file for a state license or permit for my business with a DBA name in New Jersey?
It depends on the type of business you are operating. Consult with a legal or business advisor to determine if you need to apply for any licenses or permits.
What happens if I move my business with a DBA name to another county in New Jersey?
You will need to update your business certificate with the new county clerk’s office.
Can I transfer my DBA name to someone else in New Jersey?
No, you cannot transfer your DBA name to someone else. They will need to file for a new DBA name.
What is NJ Business Gateway Services, and how can it help me get a DBA name in New Jersey?
The NJ Business Gateway Services is an online portal that provides various business actions and fillings about corporations and LLC. You can easily search the availability of a DBA name, view forms needed, and even file them with some counties using NJBGS.
Can I use my DBA name for online businesses in New Jersey?
Yes, you can use your DBA name for online businesses in New Jersey as long as it is not already taken by another business.
Can I have a DBA name if I am not a business owner in New Jersey?
No, only business owners are authorized to file for a DBA name in New Jersey.
If I want to use a DBA name in New Jersey for a nonprofit organization, do I still need to file for one?
Yes, even nonprofit organizations need to file for a DBA name in New Jersey if they are doing business under a different name.
Does New Jersey have any restrictions on the use of DBA names?
Yes, New Jersey requires that DBA names cannot contain certain words like “bank” or “insurance” if the business is not licensed to provide such services.
How and where do I file my business certificate for my DBA name in New Jersey?
You will need to file your business certificate with the county clerk’s office in the county where your business is located in New Jersey.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in New Jersey 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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