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

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How to Get a DBA Name in Utah

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

Utah, also known as The Beehive 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 Utah.

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 Utah

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

Want to obtain a DBA name in Utah? 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 Utah, ensuring that no other business is already using your chosen name is crucial. To confirm name availability in Utah, search the Utah Division of Corporations & Commercial Code database provided by the Utah 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 Utah, 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 Utah 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 Utah DBA Name

Once you have determined that the name is available for registration, complete the required forms provided by your county or the Utah Secretary of State. You must register your DBA name in the county where you intend to conduct business. In most Utah 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 Utah DBA Name, you must apply to the Utah Secretary of State or the appropriate county office. In Utah, 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 Utah is $22. 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 Utah.gov website
  • Offline: For filing offline in Utah, you must send the accomplished DBA filing form to the Utah Division of Corporations and Commercial Code, P.O. Box 146705, Salt Lake City, UT 84114-6705 or drop it off in person at 160 East 300 South, Salt Lake City, UT 84111.

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

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DBA Name in Utah: A Detailed Guide

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

Renewing a DBA Name in Utah

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 three years, you should renew your Utah DBA to ensure continued compliance with state regulations.

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

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

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Changing a DBA Name in Utah

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

To change your trade name in Utah, 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 Utah Government Records Inquiry System or the Utah Division of Corporations & Commercial Code database provided by the Utah Secretary of State to confirm business name availability in Utah.
  2. Complete the change application: Obtain the trade name change application from the Utah 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 Utah 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 Utah 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 Utah?
A DBA name in Utah, also known as a “doing business as” name, is a name that a business elects to use that is different than its legal business name.
Do I need a DBA name to conduct business in Utah?
It depends on your business structure and type of business activity, but generally, no, you do not need a DBA name to conduct business in Utah.
Can a sole proprietorship have a DBA name in Utah?
Yes, a sole proprietorship can have a DBA name in Utah.
Where do I file for a DBA name in Utah?
The Utah Division of Corporations and Commercial Code is in charge of overseeing DBA name filings in Utah.
What are the fees for filing a DBA name in Utah?
The fee for filing a DBA name in Utah is $22.
Can I file for a DBA name in Utah online?
Yes, you can file for a DBA name in Utah online through the Utah Department of Commerce website.
How long does it take to process a Utah DBA name application?
The Utah Division of Corporations and Commercial Code typically processes DBA name applications within three to five business days.
What information is required to file for a Utah DBA name?
To file for a Utah DBA name, you will need to provide your actual business name, the DBA name you want to use, and information on the type of business you operate.
Can two businesses in Utah have the same DBA name?
No, two businesses in Utah cannot have the same DBA name. Each DBA name must be unique.
Do I need to register my Utah DBA name with the state?
Yes, you must register your Utah DBA name with the state.
How long does a Utah DBA name last?
A Utah DBA name must be renewed every five years.
Can I use my Utah DBA name in other states?
You would have to research the requirements for other states, but typically, you cannot use a DBA name registered in one state in another state.
Can I change my Utah DBA name after it has been registered?
Yes, you can change your Utah DBA name after it has been registered.
Do I need to advertise my Utah DBA name in a newspaper?
No, you do not need to advertise your Utah DBA name in a newspaper.
Can I trademark my Utah DBA name?
Yes, you can trademark your Utah DBA name if it meets the qualifications for trademark protection.
Can I operate as an LLC with a DBA name in Utah?
Yes, you can operate as an LLC with a DBA name in Utah.
Do I need to file a DBA name if I am using my own name for my business?
No, you do not need to file a DBA name if you are using your own name for your business.
Can I apply for a Utah DBA name before I form my business?
No, you must form your business before applying for a Utah DBA name.
Can I use punctuation in my Utah DBA name?
Typically, no, you cannot use punctuation in your Utah DBA name.
Can a foreign entity file for a Utah DBA name?
Yes, a foreign entity can file for a Utah DBA name.
What documents do I need to provide to file for a Utah DBA name?
You will typically need to provide your business’s Articles of Incorporation or Formation, or other registration documents depending on your business structure, along with your DBA name application.
Do I need a Utah DBA name if I am a non-profit organization?
Non-profit organizations generally do not need a DBA name in Utah.
Can I use special characters in my Utah DBA name?
It depends on the specific character and how it is being used, but generally, no, you cannot use special characters in your Utah DBA name.
What happens if another business in Utah is already using my preferred DBA name?
If another business in Utah is already using your preferred DBA name, you will need to choose a different name.
Do DBA names in Utah protect my business name?
No, DBA names in Utah do not provide any legal protection for your business name.
Do Utah DBA names expire?
Utah DBA names must be renewed every five years.
Can I use a DBA name in Utah if I am doing business under my own name?
Yes, you can use a DBA name in Utah even if you are doing business under your own name.
Can I transfer my Utah DBA name to another business entity?
No, you cannot transfer your Utah DBA name to another business entity.
Can I renew my Utah DBA name online?
Yes, you can renew your Utah DBA name online through the Utah Department of Commerce website.
What is a DBA?
DBA stands for “doing business as,” which is a legal term used to represent a business that operates under a trade name that is different from its legal name.
Do I need a DBA in Utah?
If you plan on operating your business under any name aside from your full legal name, you must file for a DBA in Utah.
How much does it cost to get a DBA in Utah?
To register your DBA name in Utah, you will typically need to pay a filing fee that ranges from $22 to $52 depending on which county you’re located in.
Where do I file for a DBA in Utah?
You can file for a DBA in Utah at your local county clerk’s office.
Can I file for a DBA in Utah online?
Yes, some Utah counties allow for online filing of DBA forms.
Do I need an attorney to get a DBA in Utah?
No, you do not need an attorney to file for a DBA in Utah.
Am I required to publish my DBA name in Utah?
Yes, Utah law requires you to publish your DBA name in a newspaper in the county where the DBA was filed.
How long does it take to get a DBA in Utah?
Processing times can vary, but typically it takes a few days to a few weeks to get your DBA name registered in Utah.
Does getting a DBA name protect my business name in Utah?
Filing for a DBA in Utah does not provide any legal protection for your business name.
Do I need to renew my DBA name in Utah?
Yes, you’ll need to renew your DBA name every five years in Utah.
Can I change my DBA name in Utah?
You can change your DBA name in Utah as long as it hasn’t already been taken by someone else.
What documents do I need to get a DBA in Utah?
Typically, you will need to submit a DBA registration form and pay the appropriate filing fee.
How do I know if my DBA name is available in Utah?
You can search the Utah Division of Corporations’ database to see if your desired DBA name is available.
Can I trademark my DBA name in Utah?
Yes, you can trademark your DBA name in Utah, but this is a separate process from registering your DBA.
Can I use an out-of-state DBA if I do business in Utah?
No, you must register your DBA name in Utah if you are conducting business in the state.
Can I use a DBA name that is already in use in another state?
While some Utah counties may allow you to use a DBA name in Utah that is already in use in another state, it is safer to select a unique DBA name that hasn’t been taken.
Can I use a DBA name that is similar to another Utah business?
If your desired DBA name is too similar to an existing business in Utah, you may be denied registration.
Can I use a DBA name that is similar to another business outside of Utah?
While using a similar DBA name to another business outside of Utah isn’t technically illegal, it may result in legal issues later on.
Do I need to register my DBA name with the state of Utah?
No, DBA names are not required to be registered with the state in Utah.
Can I register my DBA name in multiple counties in Utah?
Yes, you can register your DBA name in multiple Utah counties.
Do I need to register my DBA name if I’m a sole proprietor in Utah?
If you’re a sole proprietor and operating under your full legal name, you likely do not need to register a DBA name in Utah.
Can I get a DBA name if I have an LLC in Utah?
Yes, LLCs in Utah can also register for a DBA name.
Will getting a DBA name impact my taxes in Utah?
No, getting a DBA name will not impact your taxes in Utah.
Can I have multiple DBA names for my business in Utah?
Yes, you can have multiple DBA names for your business in Utah.
Can I get a trademark with my DBA name in Utah?
Yes, you can seek a trademark with your DBA name in Utah.
Can a non-Utah resident get a DBA name in Utah?
Yes, non-residents can file for a DBA name in Utah.
Do I need to provide proof of liability insurance when getting a DBA name in Utah?
No, providing proof of liability insurance is not required when registering a DBA name in Utah.
Can I use my spouse’s name as my Utah DBA name?
Yes, you can use your spouse’s name as your Utah DBA name.
Can I get a DBA name if I’m only conducting business in Utah occasionally?
Yes, you can still register for a DBA name in Utah even if you’re only doing business in the state occasionally.

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Conclusion

Navigating obtaining, renewing, or changing a DBA name in Utah 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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