A trade name, as Delaware DBAs are termed, allows your business to operate under a name other than its legal one. A different name may be advantageous for marketing purposes, operating several businesses together, maintaining privacy, or to simply avoid writing “LLC” after each instance of your business’ name. Having a DBA can suit you if you’ve recently learned how to form an LLC in Delaware or if you’re operating under a different business entity, such as a sole proprietorship. If you’d like to operate under a name other than what your business files taxes as for any of these reasons, here’s how to set up a DBA in Delaware.
What is a DBA (“Doing Business As” name)?
A Delaware DBA is a trade name that your business can operate under for marketing purposes. It doesn’t replace your business name on official forms but can on almost everything else.
In Delaware, a doing business as name is referred to as a trade name. Other states call it a fictitious name or assumed business name.
Any type of business can register a Delaware trade name. Sole proprietorships, limited liability companies, partnerships, corporations, nonprofit organizations, and others all regularly use DBAs.
Benefits of a DBA
A DBA isn’t the only way that you can obtain a business name, as you can choose a name when filing a Certificate of Formation/Incorporation. Compared to the more involved filing of a new business entity, however, a DBA has several advantages:
- Sole proprietorships can register a DBA. You don’t have to create a formal business entity (e.g., LLC, corporation).
- No employer identification number (EIN) is needed to obtain a DBA. You don’t have to request an EIN if you’re a sole proprietor, or an LLC owner with no employees. You will, however, need a Delaware business license (or a $25 Trade Name Only license).
- Trade names aren’t required to have LLC, L.L.C., Corp. Inc., etc., as most business entities’ official names must.
Disadvantages of a DBA
That’s not to say a DBA is completely perfect. It has one major disadvantage when compared to filing for a new business entity.
Having a trade name affords your business and yourself no legal protections. This is just a fictitious name that your business can use, and not a corporate entity. The corporate veil that an LLC, corporation, or other business entity offers isn’t in place if you only register a DBA.
(Of course, you can file for both a DBA and an LLC or another entity. This will give you both legal protection and a trade name.)
Is having a DBA in Delaware a must?
It depends on your business type. Sole proprietors and partnerships doing business under a name other than their legal name must register that name as a trade name. For LLCs and corporations, registering a trade name is optional, and whether your business should get one depends on your business strategy.
Filing for a DBA in Delaware
The most important detail when filing for a DBA in Delaware is, obviously, the name. There are a couple of naming details to check before you register your trade name.
Name requirements
- Avoid business entity designators (e.g., LLC, L.L.C., Inc.) in your trade name.
- Avoid names that are misleading or that sound like a government agency (e.g., USDA, Treasury).
Keep in mind that registering a DBA doesn’t give you exclusive rights to the name.
Begin with a Delaware assumed name search
Once you have a name that meets these requirements, you can check whether it’s already in use by searching the Delaware Division of Revenue’s Trade, Business & Fictitious Names search. The search can lag behind Delaware One Stop by up to 72 hours, while One Stop shows real-time name availability when you register.
You’ll have to modify your desired name if there’s a match. A couple of easy ways to modify business names are by including your name (e.g., “Joe’s Pizza”) or a location (e.g., “Kent County Heating & Cooling”). There are numerous other ways to creatively adjust names too.
Register your Delaware DBA
Since February 2, 2026, Delaware trade names are registered statewide with the Delaware Division of Revenue through Delaware One Stop, rather than with the county Prothonotary. One registration covers the whole state, and notarization is no longer required.
File online through Delaware One Stop
1. Get a Delaware business license: You need an active Delaware business license to register a trade name. If your LLC or corporation doesn’t do business in Delaware, you can get a $25 Trade Name Only license instead. Both are available through One Stop.
2. Gather your information: You’ll be asked for your business’ legal name and address, the trade name, the owners’ or members’ names and addresses, your date of formation, and the nature of your business.
3. Submit the registration: Log in to Delaware One Stop (or create an account) and complete the trade name registration. You don’t need to have anything notarized.
4. Pay the Fee: The fee is $25 for one statewide registration.
After you register
Delaware DBAs don’t expire or need renewal. Updates and cancellations are free. Trade names registered with the county courts before February 2026 remain valid.
Consequences for operating a DBA without a registration
Should your business operate under a name other than its official name or trade name, you may face legal consequences. Violating Delaware’s trade name laws can result in fines of up to $100, jail time of up to 3 months, or a combination thereof. You also could face a lawsuit if the name use infringed on another business’ name.
Tax considerations
There are no tax considerations related to DBAs. Because these are only names and not business entities, registering a trade name in Delaware will have no impact on your state or federal taxes.
Conclusion
There you have it. Deciding on getting a DBA for your business, whether it’s an official, registered business entity or a sole-proprietorship could be a smart business move (depending on your strategy). Consider all the factors and decide if a DBA is the right choice for you!