What is a "Fictitious Name Statement"

There is no difference between a fictitious business name and a DBA. A fictitious business name is often referred to as a "d/b/a," "DBA" (Doing Business As), an "assumed business name" or a "trade name."

Generally, entities or individuals "doing business as" another name must file a fictitious name statement. Businesses that use the individual proprietor's own name are generally exempt from filing, as are corporations are that use only the corporations name. For example, a corporation named "Plummer Corp." can do business under the name "Plummer Corp." without filing a fictitious name statement. Also, "Bob Jones" can do janitorial services, or any other non-restricted business, under his own name without the need for a fictitious name statement.
However, a person or entity DBA another name generally must comply with fictitious business name rules. For example, if a person named "Bob Jones" plans to open a coffee shop named "Cup of Joe to Go!" a fictitious name statement would be required. Also, a fictitious name statement would be required if the corporation "Plummer Corp." planned to do business under the name "Speedy Hair Clog Removal R' Us."

People operating businesses often like to do business under names other than their own. This is useful for society because business names can be matched with the services performed or goods sold. At the same time the true owner of a business sometimes needs to be found.

If a businesses actual and a "fictitious" name were not somehow linked to each other, a person who was injured by the business or who voluntarily did business with the company and wanted to sue would have no way of knowing who it was really dealing with. Under the d/b/a system a party with a grievance can find the owner of a business. For example, if a consumer of "Cup of Joe to Go!" spilled piping hot coffee on her lap and "salesperson Sally" refused to name the owner of "Cup of Joe to Go!" the consumer could go to the county to find who the owner was and file a lawsuit.

The fictitious name statement also reduces the possibility of two local businesses operating under the same name. Generally the county will not allow two different businesses to operate under the same fictitious name. The fictitious name statement is not a substitute for a trademark because a DBA filing carries little legal weight in instances where a trademark is necessary.

To file a DBA often you can simply go to the seat of the county where you plan to do business and fill out a DBA/fictitious name statment form and pay the required fee. Depending on your location you may have to purchase a small newspaper advertisement announcing your DBA status.

Requirements for DBA publication vary depending on state and county rules. Often, when publication is required, the DBA statement must be published once a week in an approved newspaper, for a period of four consecutive weeks. The government office where you file your DBA will likely provide you with a list of approved publications.