The primary purpose of filing a Fictitious Business Name Statement is to inform the public with whom they are doing business. All California-based businesses operating a DBA must register in the county where they have their principal place of business.
To file a DBA in Los Angeles, you need to file the DBA paperwork with the Los Angeles registrar. At anytime you need assistance with starting a new business or filing a dba, please contact our Los Angeles attorney for small business.
DBA – which stands for ‘doing business as’ – represents a company or individual running a business under a fictitious name. A DBA, or “doing business as”, comes into play if, for example, your Inc.’s legal name is “Jane Hancock” but you want customers to know you as “Jane’s Salon.”
A DBA is a formalized, legal nickname for a business or company. It also does not include the corporate name of the company. While businesses that utilize these terms in their names are everywhere, there are also a significant number of business owners out there who prefer to use DBAs. DBAs are separate from the legal name of your business—this is also an important distinction.
A DBA can be filed in order for a company to transact business under the company’s domain name. Filing for a DBA allows you to conduct business under a name other than your own. A DBA is different from your name as the business owner, or your business’s legal, registered name.
Perhaps your legal name is confusing or does not strongly relate to your business practice. Maybe the legal name you would otherwise use is misleading and could turn prospective customers away. Or, perhaps you have found a name that you believe will help your business grow and prosper. For example, instead of “Shirley LLC,” your beach chair business could be called “LA Sea Seats LLC” and therefore provide prospective beach chair buyers insight into what it is you sell and how they might use it.
Regardless of the reason, if you begin doing business under a name that is different than your company’s lawful name, you are using a DBA. Other terms that you may hear are “assumed name” or “fictitious name.”
In order to secure your Los Angeles DBA, there are a few steps you will need to take. One of these is simply to file with the office of the LA County Clerk via the web. Before you do that, though, let’s take a glance at some other requirements.
Another term people use for this type of business name is a “trade name,” but the one we are most used to hearing is DBA. While you will file for your DBA in your chosen county—the county in which you do business—you will also want to check on the rules of the state of California. State-wide rules may apply to different counties, so whether you are in LA or San Diego, it is always beneficial to check in with your home state offices.
Let’s look at the main differences, so you understand if you should file for a DBA. If a woman named Jennifer Flowers wants to open a business in LA that is called “Jennifer Flowers Pet Grooming,” it will not be necessary to file a DBA statement in Los Angeles county.
However, if Ms. Flowers wants her new business to be called “Paws and Tails Grooming,” she will need to file the proper statement that expressly notes her fictitious name.
If you are looking into forming a partnership or have already formed one and would like to file for a DBA in Los Angeles, pay attention. If the name of your business does not include the last names of each of the partners, you will need a DBA from LA county.
If you are a part of a business corporation or LLC and you will be using a name that is different than the one already filed with California, you will also need to file for a DBA in LA.
Tip: Before you get your heart set on the perfect name, it is important to note that popular DBAs can be reserved quickly, and once the name is taken, you will have to think of another one. Before you search to see if your name is available, also make sure that your name is not misleading. For example, if you are not running a corporation with limited liability, then “LLC” should not be a part of your name; this would be deceptive to customers and competitors alike.
In order to search for your DBA name and check on its availability, check out the website for the LA County Clerk. The online database should prove helpful, just in case your first choice has already been reserved or trademarked.
You 40 days to file DBA after opening up shop. However, we do not suggest waiting anywhere near that long since this increases the probability that your name might be reserved already. The primary purpose of filing a Fictitious Business Name Statement is to inform the public with whom they are doing business.
Instead, do your research: conduct a search online, which costs $5 per name. Then, follow the instructions on the LA County Clerk’s website for sending in a statement to reserve your fictitious company name. If filing online is not going to work for you, you may mail it or even register through a chosen third party. The fee ($26) is manageable, and after five years, remember that you will be required to renew your license.
Next, you will need to post a statement or announcement in a newspaper located close to your business. Simply contact a local paper and tell them that you need to post a DBA statement; they will fill you in on the process. Also, LA’s County Clerk office will be able to give you a list of newspapers that will work before you contact them, saving you time. Please note that the statement that you publish needs to run for four consecutive weeks. This will help secure your name legally, but the good news is that it will also provide a great source of publicity.
Tip: If the County Clerk of LA does accept your application, this means that you have adhered to all the county’s requirements. Congrats! However, the clerk’s office will not research legal questions or conflicts on your company’s behalf.
If a company takes legal action against you because your name is too similar to their trademarked name, then, unfortunately, the proof of your county’s approval of the DBA name does not constitute a legal defense. This is something to make a note of going forward.
Hopefully, this article has provided relevant information going forward and will be useful in your business career. Although there are several important steps to take here, we are confident that you are up to the challenge. If you have additional questions about registering a DBA in Los Angeles, California, our Business Lawyers & Corporate Lawyers are ready to assist you, so reach out to Nakase Wade California Law Offices today.
