Trade name: Difference between revisions

Latest revision as of 01:04, 28 October 2025

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A trade name, also known as a trading name, business name or operating name, is a pseudonym used by companies and other organizations that do not operate under their registered legal name.^[1]^[2] Registering the trade name with a relevant government body is often required.

In a number of countries, the phrase "trading as" (abbreviated to t/a) is used to designate a trade name. In the United States, the phrase "doing business as" (abbreviated to DBA, dba, d.b.a., or d/b/a) is used,^[2]^[3] among others, such as assumed business name^[4] or fictitious business name.^[5] In Canada, "operating as" (abbreviated to o/a) and "trading as" are used, although "doing business as" is also sometimes used.^[6]

A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered.

Legal aspects

Using one or more fictitious business names does not create additional separate legal entities.^[3] The distinction between a registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is legally responsible.

Legal agreements (such as contracts) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to piercing of the corporate veil.^[7]

In English, trade names are generally treated as proper nouns.^[8]

By country

Template:More citations needed section

Argentina

In Argentina, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name).

Brazil

In Brazil, a trade name is known as a nome fantasia ('fantasy' or 'fiction' name), and the legal name of business is called razão social (social name).

Canada

In some Canadian jurisdictions, such as Ontario, when a businessperson writes a trade name on a contract, invoice, or cheque, they must also add the legal name of the business.^[9]

Numbered companies will very often operate as something other than their legal name, which is unrecognizable to the public.

Chile

In Chile, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name).

Ireland

In Ireland, businesses are legally required to register business names where these differ from the surname(s) of the sole trader or partners, or the legal name of a company. The Companies Registration Office publishes a searchable register of such business names.^[10]

Japan

In Japan, the word Script error: No such module "Nihongo". is used.

Kenya

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Nigeria

In Colonial Nigeria, certain tribes had members that used a variety of trading names to conduct business with the Europeans. Two examples were King Perekule VII of Bonny, who was known as Captain Pepple in trade matters, and King Jubo Jubogha of Opobo, who bore the pseudonym Captain Jaja. Both Pepple and Jaja would bequeath their trade names to their royal descendants as official surnames upon their deaths.

Singapore

In Singapore, there is no filing requirement for a "trading as" name, but there are requirements for disclosure of the underlying business or company's registered name and unique entity number.^[11]

United Kingdom

In the United Kingdom, there is no filing requirement for a business name, defined as "any name under which someone carries on business" that, for a company or limited liability partnership, "is not its registered name", but there are requirements for disclosure of the owner's true name and some restrictions on the use of certain names and sensitive words, and there are also regulations concerning disclosure of the company name (the legal name of the company) for a company, the name of the owner for a sole trader, or the names of the partners for a partnership.^[12]

The Office for Students, the higher education regulator for England, uses the term trading name in the register of higher education providers, and requires these to be registered.^[13]^[14] The Charity Commission of England and Wales uses the terms working name and operating name on the register of charities,^[15] with the term working name being used in the Charities Act 2011 (as amended by the Charities Act 2022).^[16] The term operating name is also used for government agencies.^[17]

United States

A minority of U.S. states, including Washington, still use the term trade name to refer to "doing business as" (DBA) names.^[18] In most U.S. states now, however, DBAs are officially referred to using other terms. Almost half of the states, including New York and Oregon, use the terms assumed business name or assumed name;^[19]^[20] nearly as many, including Pennsylvania, use the term fictitious name.^[21]

For consumer protection purposes, many U.S. jurisdictions require businesses operating with fictitious names to file a DBA statement, though names including the first and last name of the owner may be accepted.^[22] This also reduces the possibility of two local businesses operating under the same name, although some jurisdictions do not provide exclusivity for a name, or may allow more than one party to register the same name. Note, though, that this is not a substitute for filing a trademark application. A DBA filing carries no legal weight in establishing trademark rights.^[23] In the U.S., trademark rights are acquired by use in commerce, but there can be substantial benefits to filing a trademark application.^[24] Sole proprietors are the most common users of DBAs. Sole proprietors are individual business owners who run their businesses themselves. Since most people in these circumstances use a business name other than their own name,Script error: No such module "Unsubst". it is often necessary for them to get DBAs.

Generally, a DBA must be registered with a local or state government, or both, depending on the jurisdiction. For example, California, Texas and Virginia require a DBA to be registered with each county (or independent city in the case of Virginia) where the owner does business. Maryland and Colorado have DBAs registered with a state agency. Virginia also requires corporations and LLCs to file a copy of their registration with the county or city to be registered with the State Corporation Commission.

DBA statements are often used in conjunction with a franchise. The franchisee will have a legal name under which it may sue and be sued, but will conduct business under the franchiser's brand name (which the public would recognize). A typical real-world example can be found in a well-known pricing mistake case, Donovan v. RRL Corp. (2001),^[25] where the named defendant, RRL Corporation, was a Lexus car dealership doing business as "Lexus of Westminster", but remaining a separate legal entity from Lexus, a division of Toyota Motor Sales, USA, Inc.

In California, filing a DBA statement also requires that a notice of the fictitious name be published as a public legal notice in local newspapers for some set period to inform the public of the owner's intent to operate under an assumed name. The intention of the law is to protect the public from fraud, by compelling the business owner to first file or register his fictitious business name with the county clerk, and then making a further public record of it by publishing it in a newspaper.^[26] Several other states, such as Illinois, require print notices as well.^[27]

Uruguay

In Uruguay, a trade name is known as a nombre fantasía, and the legal name of business is called a razón social.

References

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[Pinkerton-3] Pinkerton's, Inc. v. Superior Court Template:Webarchive, 49 Cal. App. 4th 1342, 1348-49, 57 Cal. Rptr. 2d 356, 360 (1996) (collecting cases and explaining term of art "doing business as" (DBA)).

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[8] Gary Blake and Robert W. Bly, The Elements of Technical Writing, pg. 57. New York: Macmillan Publishers, 1993. Template:ISBN

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@@ Line 1: / Line 1: @@
-{{IPA|}}{{Short description|Name that a business trades under for commercial purposes}}
+{{Short description|Name that a business trades under for commercial purposes}}
 {{About|businesses|cultivated land plants|Cultivar#Trade designations and selling names|pharmaceuticals|Drug nomenclature#Trade names|other products and services|Brand#Brand name{{!}}Brand name}}
 {{redirect|D/b/a||DBA (disambiguation)}}
-{{Intellectual property}}
+{{IPA|}}{{Intellectual property}}
-A '''trade name''', '''trading name''', or '''business name''' is a [[pseudonym]] used by companies that do not operate under their registered company name.<ref name="LoPucki_Page_60">{{cite book |last1=LoPucki |first1=Lynn M. |last2=Verstein |first2=Andrew |author1-link=Lynn M. LoPucki |title=Business Associations: A Systems Approach |edition=2nd |date=2024 |publisher=Aspen Publishing |location=Burlington, Massachusetts |isbn=9798892073653 |pages=60–61 |url=https://books.google.com/books?id=twgNEQAAQBAJ&pg=PA60 |access-date=November 15, 2024}}</ref> The term for this type of alternative name is '''fictitious business name'''.<ref name="LoPucki_Page_60" /> Registering the fictitious name with a relevant government body is often required.
+A '''trade name''', also known as a '''trading name''', '''business name''' or '''operating name''', is a [[pseudonym]] used by companies and other organizations that do not operate under their registered legal name.<ref>{{cite web|url=https://www.charitylawgroup.ca/charity-law-questions/dba-name-meaning|title=What Is a DBA and How It Applies to Charities in Canada|author=Dov Goldberg|date=28 July 2025|website=B.I.G Charity Law Group|access-date=12 August 2025}}</ref><ref name="LoPucki_Page_60">{{cite book |last1=LoPucki |first1=Lynn M. |last2=Verstein |first2=Andrew |author1-link=Lynn M. LoPucki |title=Business Associations: A Systems Approach |edition=2nd |date=2024 |publisher=Aspen Publishing |location=Burlington, Massachusetts |isbn=9798892073653 |pages=60–61 |url=https://books.google.com/books?id=UMIG0QEACAAJ&pg=PA60 |access-date=November 15, 2024}}</ref> Registering the trade name with a relevant government body is often required.
 In a number of countries, the phrase "'''trading as'''" (abbreviated to '''t/a''') is used to designate a trade name. In the [[United States]], the phrase "'''doing business as'''" (abbreviated to '''DBA''', '''dba''', '''d.b.a.''', or '''d/b/a''') is used,<ref name="LoPucki_Page_60" /><ref name="Pinkerton">''[https://scholar.google.com/scholar_case?case=12111403894102280465 Pinkerton's, Inc. v. Superior Court] {{Webarchive|url=https://web.archive.org/web/20161230011746/http://scholar.google.com/scholar_case?case=12111403894102280465 |date=2016-12-30 }}'', 49 Cal. App. 4th 1342, 1348-49, 57 Cal. Rptr. 2d 356, 360 (1996) (collecting cases and explaining term of art "doing business as" (DBA)).</ref> among others, such as '''assumed business name'''<ref>{{cite web|title=Search|work=SOSNC.gov|publisher=[[North Carolina Secretary of State]]|date=2018|access-date=June 20, 2018|url=https://www.sosnc.gov/search/index/corp|archive-date=December 26, 2019|archive-url=https://web.archive.org/web/20191226012226/https://www.sosnc.gov/search/index/corp|url-status=live}}</ref> or '''fictitious business name'''.<ref>[https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=3.&chapter=5.&article= California Business and Professions Code Section 17900] {{Webarchive|url=https://web.archive.org/web/20190802104036/https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=BPC&division=7.&title=&part=3.&chapter=5.&article= |date=2019-08-02 }} ''et seq''.</ref> In [[Canada]], "'''operating as'''" (abbreviated to '''o/a''') and "''trading as''" are used, although "''doing business as''" is also sometimes used.<ref name="business-registration">{{cite web|url=https://businessregistration.ca/business-registration/|title=Business Registration|publisher=BusinessRegistration.ca|date=2015|access-date=17 March 2016|archive-date=26 March 2016|archive-url=https://web.archive.org/web/20160326115347/https://businessregistration.ca/business-registration/|url-status=live}}</ref>
@@ Line 11: / Line 11: @@
 ==Legal aspects==
 Using one or more fictitious business names does not create additional separate legal entities.<ref name="Pinkerton" /> The distinction between a registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is [[Legal liability|legally responsible]].
 Legal agreements (such as [[contract]]s) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to [[piercing the corporate veil|piercing of the corporate veil]].<ref name="Plimpton">{{cite book |last1=Plimpton |first1=Laura |title=Business Contracts: Turn Any Business Contract to Your Advantage |date=2007 |publisher=Entrepreneur Press |location=Irvine |isbn=9781613081303 |page=7 |url=https://books.google.com/books?id=hrviRzYuY5oC&pg=PA7 |access-date=2023-03-19 |archive-date=2023-03-27 |archive-url=https://web.archive.org/web/20230327070458/https://books.google.com/books?id=hrviRzYuY5oC&pg=PA7 |url-status=live }}</ref>
 In [[English language|English]], trade names are generally treated as [[proper noun]]s.<ref>[[Gary Blake]] and [[Robert W. Bly]], ''The Elements of Technical Writing'', pg. 57. [[New York City|New York]]: [[Macmillan Publishers (United States)|Macmillan Publishers]], 1993. {{ISBN|0020130856}}</ref>
 == By country ==
-{{morerefs|section|date=May 2024}}
+{{more citations needed section|date=May 2024}}
 ===Argentina===
 In [[Argentina]], a trade name is known as a ''nombre de fantasía'' ('fantasy' or 'fiction' name), and the legal name of business is called a ''razón social'' (social name).
@@ Line 59: / Line 60: @@
 ===United Kingdom===
-In the [[United Kingdom]], there is no filing requirement for a "business name", defined as "any name under which someone carries on business" that, for a company or limited liability partnership, "is not its registered name", but there are requirements for disclosure of the owner's true name and some restrictions on the use of certain names.<ref>{{cite web |url=https://www.gov.uk/government/publications/incorporation-and-names/incorporation-and-names#business-names |title=Incorporation and names| at = Chapter 9 Business names |publisher=[[Companies House]]|date= 6 April 2022}}</ref>
+In the [[United Kingdom]], there is no filing requirement for a ''business name'', defined as "any name under which someone carries on business" that, for a company or limited liability partnership, "is not its registered name", but there are requirements for disclosure of the owner's true name and some restrictions on the use of certain names and ''sensitive words'', and there are also regulations concerning disclosure of the ''company name'' (the legal name of the company) for a company, the name of the owner for a sole trader, or the names of the partners for a partnership.<ref>{{cite web |url=https://www.gov.uk/government/publications/incorporation-and-names/incorporation-and-names#business-names |title=Incorporation and names| at = 9. Disclosure of company name and specified other information (‘trading disclosures’) and 10. Business names |publisher=[[Companies House]]|date= 15 July 2024}}</ref>
+The [[Office for Students]], the higher education regulator for England, uses the term ''trading name'' in the register of higher education providers, and requires these to be registered.<ref>{{cite web|url=https://www.officeforstudents.org.uk/for-providers/regulatory-resources/guide-to-the-ofs-register/|title=Guide to the OfS Register|access-date=12 August 2025|website=Office for Students |date=7 December 2021 }}</ref><ref>{{cite web|url=https://www.officeforstudents.org.uk/media/et1ehjzm/regulatory-advice-3-registration-of-english-higher-education-providers-with-the-ofs_jul-2025.pdf|title=Regulatory advice 3: Registration of English higher education providers with the OfS|date=15 December 2023|page=28|publisher=Office for Students}}</ref> The [[Charity Commission of England and Wales]] uses the terms ''working name'' and ''operating name'' on the register of charities,<ref>e.g., {{cite web|url=https://register-of-charities.charitycommission.gov.uk/en/charity-search/-/charity-details/326568/full-print|title=Charity Projects|quote=The principal activities of Comic Relief, the operating name of the charity, ... Other names: COMIC RELIEF (Working name) SPORT RELIEF (Working name)|access-date=12 August 2025|website=Charity Commission}}</ref> with the term ''working name'' being used in the [[Charities Act 2011]] (as amended by the Charities Act 2022).<ref>{{cite web|url=https://www.legislation.gov.uk/ukpga/2011/25/part/4/crossheading/power-to-require-charitys-name-to-be-changed|title= Charities Act 2011|at= Names and working names|access-date=12 August 2025|website=Legislation.gov.uk}}</ref> The term ''operating name'' is also used for government agencies.<ref>e.g., {{cite web|url=https://www.gov.uk/government/organisations/intellectual-property-office/about|title=About us|website=Intellectual Property Office|quote=The Intellectual Property Office became the operating name of The Patent Office on 2 April 2007.|access-date=12 August 2025}}</ref>
 ===United States===
@@ Line 68: / Line 71: @@
 Generally, a DBA must be registered with a local or state government, or both, depending on the jurisdiction. For example, California, Texas and Virginia require a DBA to be registered with each county (or [[Independent city (United States)|independent city]] in the case of Virginia) where the owner does business. Maryland and Colorado have DBAs registered with a state agency. Virginia also requires corporations and LLCs to file a copy of their registration with the county or city to be registered with the State Corporation Commission.
-DBA statements are often used in conjunction with a [[franchising|franchise]]. The franchisee will have a legal name under which it may sue and be sued, but will conduct business under the franchiser's [[brand name]] (which the public would recognize). A typical real-world example can be found in a well-known pricing [[Mistake (contract law)|mistake]] case, ''Donovan v. RRL Corp.'' (2001),<ref>''[https://scholar.google.com/scholar_case?case=2688191648606149510 Donovan v. RRL Corp.]'', 26 Cal. 4th 261, 109 Cal. Rptr. 2d 807, 27 P.3d 702 (2001).</ref> where the named defendant, RRL Corporation, was a Lexus [[car dealership]] doing business as "[[Lexus]] of [[Westminster, California|Westminster]]", but remaining a separate legal entity from Lexus, a division of [[Toyota Motor Sales, USA|Toyota Motor Sales, USA, Inc.]].
+DBA statements are often used in conjunction with a [[franchising|franchise]]. The franchisee will have a legal name under which it may sue and be sued, but will conduct business under the franchiser's [[brand name]] (which the public would recognize). A typical real-world example can be found in a well-known pricing [[Mistake (contract law)|mistake]] case, ''Donovan v. RRL Corp.'' (2001),<ref>''[https://scholar.google.com/scholar_case?case=2688191648606149510 Donovan v. RRL Corp.]'', 26 Cal. 4th 261, 109 Cal. Rptr. 2d 807, 27 P.3d 702 (2001).</ref> where the named defendant, RRL Corporation, was a Lexus [[car dealership]] doing business as "[[Lexus]] of [[Westminster, California|Westminster]]", but remaining a separate legal entity from Lexus, a division of [[Toyota Motor Sales, USA|Toyota Motor Sales, USA, Inc.]]
-In [[California]], filing a DBA statement also requires that a notice of the fictitious name be published in local [[newspaper]]s for some set period of time to inform the public of the owner's intent to operate under an [[assumed name]]. The intention of the law is to protect the public from fraud, by compelling the business owner to first file or register his fictitious business name with the county clerk, and then making a further public record of it by publishing it in a newspaper.<ref>{{cite web|title=Los Angeles Bright DBA Filing |url=http://www.signaturefiling.com/blog/dba-filing-county/los-angeles-dba-filing/|website=Signature Filing Blog |access-date=2016-05-06|archive-date=2016-06-04|archive-url=https://web.archive.org/web/20160604125759/http://www.signaturefiling.com/blog/dba-filing-county/los-angeles-dba-filing/|url-status=dead }}</ref> Several other states, such as [[Illinois]], require print notices as well.<ref>{{cite web|url=http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2299&ChapterID=65|title=805 ILCS 405/ Assumed Business Name Act.|website=Illinois General Assembly|language=en|access-date=2018-02-21|archive-date=2017-12-09|archive-url=https://web.archive.org/web/20171209143758/http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2299&ChapterID=65|url-status=live}}</ref>
+In [[California]], filing a DBA statement also requires that a notice of the fictitious name be published as a [[public notice|public legal notice]] in local [[newspaper]]s for some set period to inform the public of the owner's intent to operate under an [[assumed name]]. The intention of the law is to protect the public from fraud, by compelling the business owner to first file or register his fictitious business name with the county clerk, and then making a further public record of it by publishing it in a newspaper.<ref>{{cite web|title=Los Angeles Bright DBA Filing |url=http://www.signaturefiling.com/blog/dba-filing-county/los-angeles-dba-filing/|website=Signature Filing Blog |access-date=2016-05-06|archive-date=2016-06-04|archive-url=https://web.archive.org/web/20160604125759/http://www.signaturefiling.com/blog/dba-filing-county/los-angeles-dba-filing/|url-status=dead }}</ref> Several other states, such as [[Illinois]], require print notices as well.<ref>{{cite web|url=http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2299&ChapterID=65|title=805 ILCS 405/ Assumed Business Name Act.|website=Illinois General Assembly|language=en|access-date=2018-02-21|archive-date=2017-12-09|archive-url=https://web.archive.org/web/20171209143758/http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=2299&ChapterID=65|url-status=live}}</ref>
 ===Uruguay===