Ohio DBA registration: trade name vs. fictitious name

What is a DBA in Ohio?

A DBA ("doing business as") is a name you use for business that differs from your legal name. Ohio law never says "DBA." Chapter 1329 of the Revised Code calls it a trade name or a fictitious name, and both are filed on the same Secretary of State form, Form 534A, for $39.

Typical examples: Jane Smith, a sole proprietor, does business as "Smith Lawn Care." Medina Valley Holdings LLC runs a restaurant called "The Corner Table." In both cases the name on the sign differs from the legal name, so Ohio expects a filing.

A DBA creates no new company and no liability protection. It only puts the name on the public record and ties it to the person or entity using it. If you are weighing a DBA against forming a company, read our Ohio DBA vs. LLC comparison first.

What is the difference between a trade name and a fictitious name in Ohio?

The difference is whether you claim the name exclusively. ORC 1329.01(A)(1) defines a trade name as a name "to which the user asserts a right to exclusive use." A fictitious name, under ORC 1329.01(A)(2), is one the user "has not registered or is not entitled to register as a trade name." Form 534A's instructions add that a fictitious name "does not give the user any exclusive right to use the name."

Which to choose comes down to two questions. Is the name available? A trade name must be distinguishable from names already on the Secretary of State's record, including other trade names, corporations, LLCs, partnerships, and registered marks. Have you already used it? A trade name application asks for the date you first used the name, and Form 534A says that date must come before the filing date.

If the name is taken, or you have not started using it yet, a fictitious name report is the filing that fits. Form 534A gives examples of "use": opening a business account in the name, putting it on products, or using it in ads, business cards, and letterhead.

Who has to register a DBA in Ohio?

Anyone doing business under a name that is not their legal name. ORC 1329.01(D) says a person doing business under a fictitious name who has not registered it as a trade name "shall report the use" to the Secretary of State. "Person" in that section covers individuals, partnerships, corporations, LLCs, and other organizations.

• Sole proprietors using any name other than their own full name.
• General partnerships using a name other than the partners' names.
• LLCs and corporations doing business under a brand that differs from the name in their articles.
• Out-of-state companies registered in Ohio that operate here under a different name.

An LLC or corporation using its exact legal name does not need a DBA. ORC 1329.01(A)(2) excludes an entity's name of record from the definition of a fictitious name. Dropping "LLC" from your sign is a gray area; many owners file to be safe, and the filing costs $39.

Step 1: Search the name on the Secretary of State's record

Run the name through the Secretary of State's free business search before you file anything. A trade name application is refused if the name is not distinguishable from names already on the record (ORC 1329.02). Our Ohio business name search guide explains how the state compares names.

If the exact name or a near match is taken, you still have two options. You can report it as a fictitious name, which carries no exclusive right. Or you can get the written consent of the existing holder, which ORC 1329.02(A) allows to be filed with the application.

Step 2: Choose trade name or fictitious name

Check only one box on Form 534A. Choose Trade Name if the name is available, you have already used it, and you want to claim it exclusively. Choose Fictitious Name if the name is taken, you have not used it yet, or you simply need to report it.

Watch the entity words. Under ORC 1329.02 and Form 534A's instructions, a trade name cannot suggest the registrant is incorporated unless it is. Only a corporation can file a trade name with "company," "co.," "corporation," "corp.," "incorporated," or "inc." in it.

Step 3: Complete Form 534A

Form 534A is the Secretary of State's Name Registration form, and it must be typed if filed on paper. It asks for:

• The name being registered or reported.
• For a trade name, the date of first use in MM/DD/YYYY form.
• The registrant's legal name. For an entity on file with the Secretary of State, its entity number too.
• The general nature of the business, the business address, and a mailing address.
• For a general partnership not registered in Ohio, the name and address of at least one general partner.
• A signature from the registrant or an authorized representative.

File in the name of whoever actually uses the name. If your LLC runs the business, the LLC is the registrant, not you personally. Do not include a Social Security number or tax ID; the form says the office cannot record a document containing one.

Step 4: File online or by mail and pay the $39 fee

File online through Ohio Business Central or mail the paper form. The fee is $39 either way, under ORC 1329.01(C) and (E) and ORC 111.16(S)(2). Make checks payable to "Ohio Secretary of State."

The state returns evidence of the filing once it is accepted (ORC 1329.03). Keep that approval with your formation documents. Banks usually ask for it before they open an account in the DBA name.

Step 5: Use the name correctly after it is filed

Use the name exactly as filed, and keep your legal name on contracts. A good habit is "Medina Valley Holdings LLC d/b/a The Corner Table" on contracts, invoices, and checks. That makes clear which legal person stands behind the name.

• Open a bank account in the DBA name, if you want to accept checks made out to it. Bring the filed Form 534A approval.
• Update your licenses and permits if a licensing board wants the trade name on file.
• Calendar the renewal for about four and a half years out.

How long does an Ohio DBA last, and how do you renew it?

Five years. ORC 1329.04 makes a trade name registration or fictitious name report effective "for a term of five years from the date of registration or report." You renew by filing within the six months before it expires, and the state renewal fee is $25 under ORC 111.16(S)(3).

The Secretary of State mails or emails a renewal reminder to the last address it has during those six months. Keep the address current, or the reminder goes nowhere. A general partnership has an extra rule: it must renew whenever a partner named on the filing leaves.

Other changes have their own filings and $25 state fee under ORC 111.16(S)(4): assigning the name to someone else, canceling it, or changing the registrant's address.

What happens if you use a DBA without registering it?

You lose the right to sue in that name until you file. ORC 1329.10(B) says no one doing business under a trade name or fictitious name may "commence or maintain an action" in that name in an Ohio court until they comply with ORC 1329.01. Once you comply, you can sue on contracts made before the filing.

The protection only runs one way. Under ORC 1329.10(C), others can still sue you whether or not the name is registered. And under ORC 1329.10(A), the Attorney General can seek an injunction at the Secretary of State's request against someone who ignores the rules after notice.

The practical cost shows up when a customer does not pay. A contractor chasing an unpaid invoice under an unregistered name has to file the DBA before the collection case can proceed.

Prefer not to file it yourself? We can file your Ohio DBA

We can register an Ohio trade name for $50 plus the $39 state fee. We check the name against the state record, tell you whether a trade name or fictitious name filing fits, prepare Form 534A, file it online, and put the approval in your portal.

A DBA does not need a statutory agent, but the LLC or corporation behind it does. Our Ohio statutory agent service is $49 a year. If you have decided the business needs its own legal entity, you can also form your Ohio LLC and add the DBA in the same order.