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A trade name—also known as an assumed name, fictitious name, or doing-business-as (DBA or d/b/a) name—is a name a business uses for advertising and trade purposes—often because it is shorter, easier to remember, and more effective for marketing the business than the registered or legal name.
If you plan to use a different name for your business than the name you registered with your state (NewCo, LLC), you may need to file a fictitious name or d/b/a statement with the county in which your business is located.
In Ohio, if a business wishes to operate under a name different from its legal name, it must register a trade name or fictitious name, commonly referred to as a 'doing business as' (DBA) name. This is particularly relevant for entities like limited liability companies (LLCs) or corporations that may choose to conduct business under a name that is different from the official name registered with the Ohio Secretary of State. To register a DBA in Ohio, the business owner must file a Trade Name Registration or a Fictitious Name Registration with the Secretary of State. The registration of a trade name grants exclusive use of that name in Ohio, while a fictitious name does not provide exclusive rights but allows the business to legally operate under that name. It's important to note that registering a trade or fictitious name is separate from trademark registration and does not offer the same level of protection. Before filing, a business should search the Ohio Secretary of State's records to ensure the desired name is not already in use.
In the vast realm of business law, names hold significant power. They are the first impression many customers have of a company, and they often embody the essence of the business's mission, values, and services.