How to Get a Trade Name (DBA) in Delaware: 2024 Guide

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Trade name (DBA) registration allows a business in Delaware to operate under a name that differs from its official legal name (the name that was used when the company was formed).

For example, let’s say you have an LLC called Sally’s Burgers LLC that you use for your burger store, Sally’s Burgers, but you want to rebrand your offering to hotdogs? Well, you can use a trade name to operate as Sally’s Hotdogs without having to set up a new LLC.

[Note that a DBA in Delaware is officially known as a “Trade Name”.]

Filing for a trade name gives small business owners and startups freedom to choose their business name without having the costs and complexity of registering multiple LLCs or corporations.

There are many circumstances in which you might want to use a trade name for branding your business.

But, please note, a trade name (also known as a DBA or fictitious business name in some states) doesn’t provide legal protection for your personal assets in the way an Limited Liability Company (LLC) does.

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Do You Need a Delaware Trade Name for your Business Entity?

Before you follow the steps below to get a trade name in Delaware, it’s important to be clear on whether or not it is required for the type of business entity you are operating:

Sole proprietors – a sole proprietor and their business are effectively the same in terms of name, so sole traders do need a trade name if they want to operate under a different business name. For example if a sole trader called Garret Smith wants to operate as Garrett’s Mowing, they need a trade name.

LLCs and Corporations – the same principle applies to these business entities. If corporations or limited liability companies want to operate under a different business name than the official registered name, they need to get a trade name. For example, if you had an LLC called Garrett Smith Holdings and want to operate as Garret’s Mowing, you would need a trade name.

How to Get a Trade Name in Delaware

Here is our step-by-step guide to getting a trade name in Delaware.

The process is very easy and is explained in these three steps.

  1. Do a search via the Delaware Department of State’s business entity search website to see if the trade name you want is available.
  2. Check that your trade name is available as a domain name (optional)
  3. File your trade name application
  4. Pay the filing fees

Step 1: Do a Trade Name Search in Delaware

Your trade name must be unique (i.e., not taken by someone else) and it must meet the state’s requirements for business names.

Once you have a name in mind, you can use the Delaware Department of State’s Business Entity Search at https://icis.corp.delaware.gov/Ecorp/EntitySearch/NameSearch.aspx to see if it is available.

Once you’ve ensured it is not already in use, then you need to check that it meets the state’s naming requirements.

Step 2: Check if your name is available as a web domain

This is a practical step rather than a legal requirement. If you are doing business today it is pretty much certain you will need a website, so it makes sense to check if your name, or a variant of it, is available as a domain for you to put a website on. You can check if your preferred domain is available here: godaddy.com/domains

Chances are the exact match of your domain may not be available, so you might have to get a bit creative.

Hints:

  • Try to get the .com version of the domain if you can as .org or .net aren’t as suitable for businesses
  • Don’t just insert a hyphen between words. It doesn’t look professional
  • Sometimes a quirky word (“guru”, “school” or “base”) makes for a good brand/domain.

Step 3: Register your Delaware trade name

To register your trade name in Delaware, you need to file a Registration of Trade, Business & Fictitious Name Certificate with the Delaware Division of Corporations. This can be done online or by mail.

You’ll need to provide the following information:

  • The trade name you want to register
  • The nature of your business
  • Your business address
  • Your name and address (if you’re a sole proprietor) or your company’s name and address (if you’re an LLC or corporation)
  • The date you first used the trade name (if applicable)

The filing fee for registering a trade name in Delaware is $25.

Delaware trade name registrations are valid for five years and must be renewed before they expire to maintain your rights to the name.

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After You get a Trade Name For Your Limited Liability Company or other entity

Once you have your trade name, your business is almost up and running. Here are a few things to consider as next steps to get fully operational.

Create a website for your business: Pretty much all businesses need a website these days and it is often an advantage (although not essential) to have social media pages too.

Set up a bank account for your business entity: Keeping your own finances separate from your LLC’s finances is important and the only way to do that is by operating a separate bank account for the LLC. We recommend Mercury Bank as a great online banking option, although you can bank with the traditional bricks and mortar banks too.

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AUTHOR

Rick Wallace
Rick Wallace is an investor who has established several LLCs in different states. He writes about starting businesses via LLCs including topics such as choosing a registered agent.