If you are considering starting a business in Indiana using a name other than your own legal name, you will need to register a Doing Business As (DBA) name with the state. A DBA name allows you to operate your business under a different name without having to create a new legal entity. This article will guide you through the process of obtaining a DBA name in Indiana.
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What is a DBA Name?
A DBA name, also known as a fictitious business name or trade name, enables you to conduct business under a name different from your personal or legal name. This allows sole proprietors, partnerships, and other business types to operate with a unique identity, making it easier to establish and promote your brand.
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In Indiana, if you are conducting business under any name other than your own legal name, you are legally required to register that name as a DBA name with the Indiana Secretary of State's office. This process ensures transparency and prevents fraud, as it ensures that the customers and the state know who is behind the business.
Steps to Register a DBA Name in Indiana
Follow these steps to successfully register your DBA name in Indiana:
Step 1: Choose a Unique Name
Before registering, you need to select a unique DBA name that is not already in use. To ensure your chosen name is available, you can conduct a name search on the Secretary of State's website. This will show you if there are any existing registrations or reserved names that are similar to your desired DBA name.
Step 2: Verify Trademark Availability
To avoid infringing on someone else's trademark, conduct a search on the United States Patent and Trademark Office (USPTO) website. If you find that your proposed DBA name is already trademarked or too similar to an existing trademark, it is advisable to choose a different name to prevent any potential legal issues down the line.
Step 3: File the Assumed Business Name Certificate
To register your DBA name in Indiana, you need to file an Assumed Business Name Certificate with the Secretary of State's office. The Certificate includes important details, such as the DBA name, the legal name and address of the business owner or owners, and the principal office address.
You can file the Assumed Business Name Certificate online through the Indiana Secretary of State's website or file it by mail. When filing online, you need to create an account and complete the required forms. There is a fee for online filing, which can be paid using a credit or debit card. If filing by mail, you need to download the forms, complete them, and mail them along with the applicable fee (in the form of a check or money order) to the Secretary of State's office.
Step 4: Publish a Notice of the Certificate
Within 30 days of filing the Assumed Business Name Certificate, you are required to publish a notice of the certificate in the newspaper of the county where your principal office is located. This notice should include the details of your DBA name, the business owner(s) name, and the principal office address. Make sure to take note of the publication requirements and guidelines provided by the state, as failure to comply may result in delays or invalidation of your registration.
Step 5: Renew Your DBA Name
Once registered, your DBA name is valid for five years in Indiana. To keep your name active, you must renew your registration before it expires. Renewal can be done online or by mail, following the same process as the initial registration.
Benefits of Obtaining a DBA Name
There are several benefits to obtaining a DBA name for your business in Indiana:
1. Professionalism and branding: A DBA name allows you to create a professional and recognizable name for your business, boosting your brand image and professional reputation.
2. Flexibility: If you plan on expanding your business or adding new product lines in the future, a DBA name provides the flexibility to do so without changing your legal entity or rebranding entirely.
3. Legal protection: Registering a DBA name provides some legal protection by making your business name official and recognized by the state.
4. Banking and financing: Having a registered DBA name makes it easier to open business bank accounts and secure financing, as financial institutions prefer working with legally registered businesses.
In conclusion, getting a DBA name in Indiana is a relatively straightforward process that involves choosing a unique name, conducting a trademark search, filing the Assumed Business Name Certificate, publishing a notice, and renewing the registration when necessary. By following these steps, you can establish and operate your business under a distinct name, benefiting from increased brand recognition and flexibility while complying with state regulations.
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