Information about Doing Business As
The phrase "doing business as" (abbreviated DBA or d/b/a) is a legal term, meaning that the name of the business or operation does not include the legal name of its proprietor, the names of all partners, or the official registered name of the limited partnership or corporation that owns it.
In the United Kingdom, Ireland and Australia (and some parts of the United States and Canada), the phrase trading as is used. This is abbreviated to t/a. In several U.S. states, such names are also referred to as trade styles, fictitious business names, or assumed business names.
The distinction between an actual and a "fictitious" name is important because businesses with "fictitious" names give no obvious indication of the entity that is legally responsible for their operation. Therefore, for consumer protection purposes, most jurisdictions require businesses operating with fictitious names to file a DBA statement. This also reduces the possibility of two local businesses operating under the same name. Note, though, that this is not a replacement for obtaining a trademark. A DBA filing carries no legal weight in instances where a trademark would be necessary.
DBA statements are often necessary with a franchise, where the franchisee may be something like The Sauce Company, but business is done under the brand name the public would recognize, such as Imo's Pizza, A local St. Louis pizza restaurant. (the franchiser). The legal name of the franchise may then be something like "The Sauce Company D.B.A. Imo's Pizza, Inc".
Notably in California and also in other areas, filing a DBA statement also requires that a notice of the fictitious name be published in local newspapers 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 record his name with the County Recorder, and making a further public record of it by publishing it in a newspaper.
In the United Kingdom, Ireland and Australia (and some parts of the United States and Canada), the phrase trading as is used. This is abbreviated to t/a. In several U.S. states, such names are also referred to as trade styles, fictitious business names, or assumed business names.
The distinction between an actual and a "fictitious" name is important because businesses with "fictitious" names give no obvious indication of the entity that is legally responsible for their operation. Therefore, for consumer protection purposes, most jurisdictions require businesses operating with fictitious names to file a DBA statement. This also reduces the possibility of two local businesses operating under the same name. Note, though, that this is not a replacement for obtaining a trademark. A DBA filing carries no legal weight in instances where a trademark would be necessary.
DBA statements are often necessary with a franchise, where the franchisee may be something like The Sauce Company, but business is done under the brand name the public would recognize, such as Imo's Pizza, A local St. Louis pizza restaurant. (the franchiser). The legal name of the franchise may then be something like "The Sauce Company D.B.A. Imo's Pizza, Inc".
Notably in California and also in other areas, filing a DBA statement also requires that a notice of the fictitious name be published in local newspapers 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 record his name with the County Recorder, and making a further public record of it by publishing it in a newspaper.
See also
External links
- California Business and Professions Code §§17900-17930 governing fictitious business names
In grammar, a phrase is a group of words that functions as a single unit in the syntax of a sentence.
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name (etymology: from OE nama; akin to OHG namo, Latin nomen, nominis, and Greek όνομα, ultimately from PIE: *nomn- [1]
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Business law
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Sole proprietorship
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Cooperative
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UK/Commonwealth:
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Sole proprietorship
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Cooperative
USA:
Business trust · LLC · LLLP
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UK/Commonwealth:
Limited company
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Basic forms:
Sole proprietorship
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Cooperative
USA:
Business trust · LLC · LLLP
Delaware corporation
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trademark or trade mark[1] is a distinctive sign or indicator of some kind which is used by an individual, business organization or other legal entity to uniquely identify the source of its products and/or services to consumers, and to distinguish its products or
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Franchising (from the French for honesty or freedom[1]) is a method of doing business wherein a "franchisor" licenses proven methods of doing business to a "franchisee" in exchange for a recurring payment, fees and a percentage of sales or profits.
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A brand includes a name, logo, slogan, and/or design scheme associated with a product or service. Brand recognition and other reactions are created by the use of the product or service and through the influence of advertising, design, and media commentary.
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Imo's Pizza is a U.S. chain of pizza restaurants based in the greater St. Louis, Missouri area. They are noteworthy for their version of the St. Louis-style pizza, which is common in the area. The restaurants also sell an assortment of salads, appetizers, and desserts.
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A pseudonym (Greek: ψευδόνυμον, pseudo + -onym: false name) is an artificial, fictitious name, also known as an alias
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Recorder of deeds refers to the government office tasked with maintaining a record of real estate ownership, as well as other deeds that provide persons other than the owner of a property with real rights over that property.
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A pen name, nom de plume, nom de guerre, or literary double, is a pseudonym adopted by an author for various reasons. Authors may use a pen name to replace a long, difficult, or uninteresting name, or a name likely to be confused with the name of another writer
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A pseudonym (Greek: ψευδόνυμον, pseudo + -onym: false name) is an artificial, fictitious name, also known as an alias
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trade name, also known as a trading name or a business name, is the name which a business trades under for commercial purposes, although its registered, legal name, used for contracts and other formal situations, may be another.
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Trade dress refers to characteristics of the visual appearance of a product or its packaging (or even the facade of a building such as a restaurant) that may be registered and protected from being used by competitors in the manner of a trademark.
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