DBAs and Trade Names: When You Need Them and How to File

What Is a DBA?

DBA stands for "doing business as." It is also called a fictitious business name, assumed name, or trade name depending on your state. A DBA simply registers a business name that is different from your legal name (if you are a sole proprietor) or your entity's legal name (if you are an LLC or corporation).

For example, if your LLC is legally "Smith Contracting Services LLC" but you want to operate as "Smith Builders," you would file a DBA for "Smith Builders."

A DBA is not a business entity. It does not create an LLC, corporation, or any other legal structure. It does not provide liability protection. It is simply a name registration.

When Do You Need a DBA?

Sole Proprietors

If you are a sole proprietor and want to operate under any name other than your full legal name, you need a DBA. If John Smith wants to do business as "Smith Home Repairs," he needs a DBA filing.

Most banks require a DBA certificate to open a business bank account in the business name (rather than your personal name).

LLCs and Corporations

If your LLC or corporation wants to operate under a name different from its registered legal name, you need a DBA. This is common when:

You want a shorter, catchier name for marketing
You operate multiple brands under one entity
You have expanded into a new service line that warrants its own branding

For example, "Johnson Property Services LLC" might file DBAs for "Johnson Plumbing" and "Johnson HVAC" to market its two divisions separately.

When You Do NOT Need a DBA

If you are a sole proprietor operating under your full legal name
If your LLC or corporation operates exclusively under its registered legal name
If you are simply adding a tagline or slogan (those are not business names)

How to File a DBA

The filing process varies by state and sometimes by county. Here is the general process:

Step 1: Search for Name Availability

Check your state and county databases to make sure the name is not already taken. Some states have statewide databases; others require you to check at the county level.

Step 2: File the Registration

Depending on your state, you file with:

Your county clerk's office (most common — California, New York, Texas, many others)
Your state's Secretary of State (some states handle it at the state level)

The filing typically includes your legal name (or entity name), the DBA name, and your business address. Fees range from $10 to $100.

Step 3: Publish the DBA (If Required)

Some states, including California, require you to publish your DBA in a local newspaper for a certain number of weeks. This publication requirement typically costs $30-$100.

Step 4: Renew as Required

DBAs are not permanent. Most states require renewal every 5 years. Some require it more frequently. Mark the renewal date on your calendar because operating under an expired DBA can create legal issues.

What a DBA Does

Lets you open a bank account in the business name
Allows you to accept payments made out to the business name
Lets you market your business under a professional name
Creates a public record linking the business name to the owner
May be required by law in your state to operate under a name other than your legal name

What a DBA Does NOT Do

This is where people get confused:

Does not create a business entity. A DBA does not turn you into an LLC or corporation.
Does not provide liability protection. You are still personally liable as a sole proprietor, even with a DBA.
Does not protect the name nationally. A DBA filing only gives you rights in your county or state. Someone else can use the same name in another jurisdiction.
Does not function as a trademark. To protect your business name nationally, you need a federal trademark registration with the USPTO.
Does not provide tax benefits. The IRS does not care about your DBA — you file taxes under your legal name or EIN.

DBA vs. Trademark: Know the Difference

A DBA is a local name registration. A trademark is federal intellectual property protection.

If you file a DBA for "Summit Roofing" in your county, it prevents someone in that county from filing the same DBA. But it does nothing to stop someone across the country from using the same name.

A federal trademark registered with the United States Patent and Trademark Office (USPTO) gives you nationwide rights to the name in your industry. Trademark registration costs $250-$350 per class and takes 8-12 months to process.

If your business name is important to your brand and you plan to grow, consider trademark registration in addition to your DBA filing.

Multiple DBAs Under One Entity

A common and perfectly legal approach is to operate multiple businesses under a single LLC using multiple DBAs. For example:

Parent entity: ABC Services LLC
DBA 1: ABC Plumbing
DBA 2: ABC Electrical
DBA 3: ABC Handyman

This saves the cost and complexity of forming multiple LLCs while letting you brand each service line independently. The downside is that all DBAs share the same liability umbrella — a lawsuit against "ABC Plumbing" is really a lawsuit against "ABC Services LLC," and all of its assets are at risk.

If the businesses have significantly different risk profiles, separate LLCs may be the safer approach.

Common DBA Mistakes

Thinking a DBA creates a business entity. It does not. You still need an LLC or corporation for liability protection.
Not renewing on time. Expired DBAs can prevent you from enforcing contracts made under the business name.
Assuming national protection. Your DBA only covers your filing jurisdiction.
Skipping the bank account. One of the main reasons to get a DBA is to open a proper business bank account. Do it.
Ignoring the publication requirement. If your state requires it and you skip it, your DBA filing may not be valid.

Bottom Line

A DBA is a simple, inexpensive tool that lets you operate under a professional business name. It is essential for sole proprietors who do not want to use their personal name, and useful for LLCs and corporations that operate multiple brands. Just remember what it is not: it is not a business entity, it does not protect you from liability, and it does not give you trademark rights. File it, use it, renew it — but do not rely on it for things it was never designed to do.