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Questions and Answers
What type of business entities can use a DBA?
Where does a DBA need to be filed?
What is the main purpose of a DBA registration?
How long is a DBA registration typically valid for?
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What is the key difference between a DBA and a trademark (TM)?
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Study Notes
###entities that can use DBA
- All kinds of business entities, including LLC, business Corporations, partnerships, sole proprietor, etc. can use DBA.
###filing DBA
- DBA needs to be filed in every state where business transactions take place.
- Before filing a DBA, business can be conducted in the owner's name or in the case of a corporation, by the entity name.
###creating a separate entity
- Filing a DBA does not create a separate legal entity.
- A DBA filing only provides a different name for the business.
- If a DBA is registered without first forming as an LLC, corporation, or other legal entity type, the state recognizes the business as a sole proprietorship.
###period of validity for DBA
- The validity period for DBA is typically 5 years in most states, but can be 10 years in some states.
- Until the registration is active, no one else can register the same DBA.
- However, if the registration is abandoned or not renewed, someone else can claim it.
###compliance and advertising
- In some states, businesses may need to advertise their DBA in local newspapers or media to comply with regulations.
- For example, in California, a statement about the DBA acquisition must be published in the newspaper once a week for 4 weeks.
###difference between DBA & TM
- DBA and TM are two completely different types of registrations, serving different purposes.
- DBA allows a business to operate using a fictitious name, while TM is a type of intellectual property registration that protects a business's branding.
- TM can have different colors, designs, and digits, whereas DBA has specific words referring to the company's fictitious name.
- DBA does not offer legal protection, and businesses cannot rely on it to protect their trade name from usage by others.
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Description
Learn about the process of filing a DBA (Doing Business As) and its implications for various business entities, including LLC, corporations, and partnerships.
