The importance of distinguishing your business from others in the marketplace cannot be understated. You will likely face significant competition over the goods and services you offer the local community as well as those provided in the digital landscape. That’s one of the reasons why professionals who establish sole proprietorships, partnerships, corporations, and limited liability companies (LLCs) all need a name that stands apart. It doesn’t matter what type of business entity you own or operate: any of them may need to file a “doing business as” (DBA) name in Oregon if they use a name other than their legal name.
Sometimes referred to as an “assumed business name” or “fictitious name,” the DBA should help attract clients and customers. Once registered with the Oregon Secretary of State’s Office, the company’s public-facing title allows sole proprietors and small partnerships to enjoy a degree of separation between their surname and professional life. It’s also a routine practice for experienced LLC leaders to file for a DBA in Oregon and attach that moniker to a specific product line or service. While savvy business professionals understand the value of investing in a DBA in Oregon, some developing startups may harbor concerns about using a fictitious name. The following information should ease any concerns and highlight the process of getting an Oregon DBA.
What is a DBA?
If you recently started a business in Oregon, it may seem redundant to now file for a DBA. After all, you probably made a list of names that you believe offered excellent branding and marketing opportunities. While that may be true, there are numerous fictitious names available that can also further your goals and interests. This may involve syncing a moniker with a domain name you reserved for later exploration. That notion can also work in reverse. For a modest fee and the time it takes to navigate the Oregon business bureaucracy, an assumed business name can be an integral part of your long-term planning.
If you own or operate a growing Oregon LLC, a DBA allows you to mesh the name with new services and products. For example, if you opened “Steve’s Ice Cream” a few years ago and have expanded to serving lunch and dinner, a new name makes sense. Rather than retool your entire LLC, simply secure a DBA such as “Steve’s Ice Cream and Eatery.” And if you’re just beginning your business journey, learning how to start an LLC in Oregon is the first step before registering a DBA.
The DBA Oregon entities select help them better connect with community members without having to change the corporate structure. It’s essential to keep in mind that the assumed business name rules apply to every type of business in Oregon, including sole proprietorships, partnerships and LLCs.
Benefits of a DBA
To maximize the benefits of a DBA in Oregon, it’s crucial to tie the name to your organization’s strategic goals. The assumed business name registered by an owner, operator, or third-party firm usually supports profit-driving endeavors or other things of importance. While the process of securing a DBA in Oregon can prove tedious and temporarily take away from other duties, it typically delivers the following benefits.
- Helps create branding and marketing opportunities for products and services.
- Attracts new clients, customers and untapped markets.
- Allows an LLC to sync its online presence with local operations.
- It helps sole proprietors to raise their reputation from personal to professional.
- It allows business name registration even if you don’t have a business entity.
It’s also important to keep in mind that you do not necessarily need an Employer Identification Number (EIN) to register an Oregon DBA.
Disadvantages of a DBA
If there is a disadvantage to onboarding a DBA, it stems from not connecting it to a legally recognized LLC in Oregon. In some cases, sole proprietors and people in the gig economy establish a DBA name to distinguish what they do from their personal life. While that proves useful, not having the liability protections of an LLC leaves people vulnerable to civil lawsuits. These are other negatives regarding the use of a fictitious name alone.
- A DBA name must follow Oregon naming restrictions.
- An assumed business name does not protect a trademark.
- Registering a name doesn’t give you exclusive rights to it. Rights to a name come mainly from using it in business.
For most businesses, the benefits outweigh the drawbacks. That being said, following the appropriate steps for registering an Oregon DBA is critical.
Consequences for operating with a DBA without registration
If you do business under an assumed name without registering it, you can’t bring a lawsuit in Oregon courts for the business until you register (ORS 648.135). You can still be sued. A plaintiff who had to track down your legal name can recover $500 or their costs, whichever is greater, and violations can bring a civil penalty of up to $100 (ORS 648.990).
Tax considerations
Adding a DBA seems to imply that your organization will be required to file separate taxes in addition to the business entity. Nothing could be further from the truth. A fictitious name in no way changes your tax position, regardless of how many DBAs you acquire.
Filing for a DBA in Oregon
Before visiting the Secretary of State’s platform, remember that Oregon has specific rules regarding fictitious name appropriateness, and you’ll need to understand these regulations to avoid receiving a rejection notice. If the following feels time-consuming, you can outsource filing a DBA to an authorized party.
Name requirements
Your name must be distinguishable from names already on the Business Registry. The Secretary of State rejects names that differ from an existing name only by punctuation, spacing, capitalization, an added “s,” or words like “the” or “and.” A different key word, a different word order or a creative spelling is usually enough to make a name distinguishable. These are other name requirements to consider before starting the process.
- No names that mislead consumers about the nature of the operation.
- Names that suggest the business is a bank or trust company can be restricted under Oregon banking law.
- Avoid professional titles, such as “doctor,” unless you hold the license.
- No entity identifiers such as “LLC” or “Inc.” unless every registrant is that type of entity.
- No names that suggest a state agency.
An Oregon fictitious name may use the generic term “company” regardless of its legally recognized structure.
Begin with an Oregon Assumed Name search
Before going to the Oregon Secretary of State’s website, consider compiling a list of possible fictitious names. As you start the process, you will likely discover that some of the popular choices have already been taken. The good news is there are plenty of suitable DBAs that can get the job done.
To understand how to check availability and navigate the process, review our guide on the Oregon business name search before starting your application.
Steps to file your DBA in Oregon
To complete the DBA filing process, you’ll need to complete the following series of steps in order. Have your list handy and a credit card, in the event you want to file and pay electronically.
Step 1: Conduct a business name search
Type your first choice into the Secretary of State Business Name Search. This will tell you whether the name is already registered. If it is not available, continue to run searches until you find one that can be secured.
Step 2: Fill out new registration application
On the Assumed Business Name Registration page, you’ll find an option to download the form or file digitally. Oregon requires the following information to approve a request.
- Registry number
- Fictitious name
- Business description
- Business address
- A contact name and phone number, and the individual authorized to sign for an entity registrant
- Names and addresses of people who will conduct business under the DBA
- Specific counties where DBA will be used
The principal place of business can’t be a PO box or virtual office.
Step 3: Submit application
You have an option of filing electronically at the Oregon Business Registry or mailing a hard copy to the following address.
Secretary of State
Corporation Division
255 Capitol St. NE
Suite 151
Salem, OR 97310-1327
Filing Online vs by mail
The filing fee is $50 online or by mail. Online filings are usually processed within 1 to 3 business days. Mailed forms take longer. Your registration lasts two years, and renewing costs $50.
Conclusion
Acquiring a DBA in Oregon allows businesses of all sizes and structures to explore wide-reaching opportunities. Sole proprietors generally appear more professional, and LLC owners and operators can better brand and market new goods and services. A DBA is an inexpensive way to brand new products or locations. Once your DBA is registered, check which Oregon business licenses and permits apply to you.
If you are considering registering a DBA but don’t have the time to invest right now, there are third-party business platforms that specialize in forming LLCs and securing DBAs. These professional firms streamline the process while avoiding mistakes that may cause delays.
FAQ
Only if you do business under a name other than your legal name. An LLC that uses its exact registered name, or a sole proprietor who uses their own full name, doesn’t need one. If you use any other name, Oregon law requires you to register it as an assumed business name.