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.
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 Courthouse,
Prothonotary, Superior Court
38 The Green,
Dover, DE 19901.
Sussex County Courthouse,
Prothonotary, Superior Court,
1 The Circle, Suite 2,
Georgetown, DE 19947.
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.