Do you wish to have a business name different from your legal name? If so, you need to file a Delaware DBA (doing business as). In this DBA guide, we’ll walk you through the process of filing a DBA in Delaware. Plus, we’ll give you some tips on how to choose the right business name.

Important! Please keep in mind that DBA is not a business structure, so it won’t protect you from liabilities, lawsuits, or any other unforeseen situations. DBA stands for Doing Business As. – often precedes the name under which a business operates, which is not the legal name of the business.

Therefore, before starting, make sure you understand the difference between informal business structures such as sole proprietorship and formal ones like corporations and LLCs.

To register or renew the trademark, trade name, or service mark for your company in Delaware you need to file the application to the Secretary of State. Here is what you need to do:

Delaware Business Entity Search

Your company’s trade name should be unique and have not been acquired by any other entity in Delaware. Moreover, this name must also meet the business name requirements of Delaware.

First, you have to search the Delaware State’s records for the DBA, Business, & Fictitious names to know whether the name that you wish to have for your business has already been taken by someone or not. Here, make sure, this name isn’t already in use.

Note: You can also find a complete guide on business name search here.

Once you are done searching, the next step is to review the naming requirements of the state of Delaware. Your DBA should not include:

  • Business entity suffix, such as Incorporated, LLC, Corp, etc., unless the business is actually a corporation, or LLC,etc.
  • Words related to banking and related profession unless the company is authorizd as bank by the Delware govt.

Register Your Delaware DBA ($25)

Delaware trade names are filed with the county where you principally operate your business. If you operate in more than one county, you have to register DBA in all counties where you do business. You can file Delaware DBA, Trade, Business, & Fictitious Name Certificate with the County Clerk’s office by mail or in-person at the following address: 

New Castle County

Leonard L. Williams Justice Center,
Prothonotary, Superior Court,
500 North King Street, Suite 500, LL1,
Wilmington, DE 19801-3746
.

Kent County

Kent County Courthouse,
Prothonotary, Superior Court
38 The Green,
Dover, DE 19901
.

Sussex County

Sussex County Courthouse,
Prothonotary, Superior Court,
1 The Circle, Suite 2,
Georgetown, DE 19947
.

Top Tip:

Instead of doing it yourself, save some time by hiring a reliable formation service like ZenBusiness. You can see editors’ Review on ZenBusiness to decide if it’s the best choice for your company.

The following information must include in the Delaware trade name form:

  • Your business name and adress
  • Owners/partners of the business and addresses
  • Entity type (eg; LLC, sole proprietorship, partnership, corporation)
  • Trade name’s description
  • Corporation or LLC’s phone number
  • Date formed
  • Date and signature of principal or agent
  • Notary in the state and county of filing

Change or Withdraw Your Delaware DBA

After registering a Delaware business name, it does not expire. To make any changes in Delaware DBA, you need to file a Supplement Change form to your respective county clerk at the address given in the above section. The fee to make any changes in trade name in Delaware, you have to pay a $25 filing fee.

If you already have a business name in Delaware and want to terminate it, you need to file a Termination Affidavit Form.

Editor’s Insight

Filing a Delaware fictitious business name, aka a Delaware DBA (doing business as), is an easy and straightforward process. If you want to save time and effort, LLC filing companies like LegalZoom and ZenBusiness can help you get that at a fraction of the cost.

However, if you are interested in DIY, you just need to follow the above-mentioned step-by-step guide or see how to Get a DBA in any of the 50 states.

Please note: This page may contain affiliate links. If you buy a product or service through such a link we earn a commission at no additional cost to you.

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