When a
business operates under a name which is different from its real name, This is
known as a fictitious or assumed name. Whether the business is owned by a
person or an entity, the owner of the business must file a notice with the
appropriate county (i.e. County Clerk) or state agency (i.e. Secretary of
State). This notice is sometimes referred to as a "fictitious name? statement
or filing and sometimes a DBA (Doing Business As). It is basically the business
owner?s public pronouncement that the business is using this name. And when
that name is not otherwise ?officially? registered, this notice somewhat
officially connects the name being used with the owner of the business.
For
example, if you a company (XYZ, Inc.) is operating a website (ReallyCoolLaptops.com),
it could file a DBA for that name. It?s ?official? name for operations might
then be ?XYZ, Inc, doing business as ReallyCoolLaptops.com?
The main
purpose for filing this notice is to enable consumers to discover the names of
the business owners, which will be important if a consumer needs to sue the
business. It also allows the business owner to conduct transactions in the
business' name, such as opening bank accounts and obtaining a taxpayer
identification number; and to bring lawsuits under the business' name for
business-related debts. Filing a fictitious name statement or DBA does not in
itself confer any trademark protection or ownership for the name. Additionally,
if an entity is formed in one state and it is operating in another state, that
other state may require it to file a
Foreign Authority to make the entity and the name ?official? in that state.