There are dozens of decisions to make when you start a business, but one of the most important ones is your business name. Some might even say that it’s harder than naming a baby. After all, the government doesn’t give “rules” about what you can name your children. They do give rules for business names.
Thanks to those legal regulations, trade names are one type of business name that can get a bit confusing. So if you’re wondering what a trade name is, if you need one, or how you can get one, you’re in the right place. In this guide, we’ll cover all the essentials to Ohio trade names and fictitious names so you don’t have to sort through the legal jargon and focus on what really counts: your business.
Important Tip
What is an Ohio Trade Name?
A trade name—often called a DBA or fictitious name—is a type of business name. More specifically, it’s a fake name used by a business, much like you might use a nickname around family and friends.
A bit more technically, a trade name differs from the business’s legal name. Here’s where it becomes important to note what kind of entity you’re running.
For example, let’s say Lauren Smith operates as a sole proprietorship. From a legal standpoint, her business is indistinct from her own person. So her business’s legal name is, well…Lauren Smith. Not many people want to call their business by their own name.
Lauren sells handmade baby clothes, so she decides to name her shop “Sew Sweet Creations.” Unless she incorporates as an LLC or corporation, she’d be using a trade name. Because of this scenario, trade names are most commonly used by unincorporated entities.
That said, many corporations and LLCs also choose to use trade names. For example, a local restaurant, “Becky’s Bistro,” might want to expand across their county, with a slightly different name for each location. Instead of creating a new LLC for the new locations, Becky might get a trade name for it. Corporations might do something similar for new product lines, too.
But that’s trade names in a nutshell!
Is trade name registration required in Ohio?
First off, let’s clarify the differences between trade names and fictitious names in Ohio. In most states, these names are interchangeable. But Ohio actually offers you the option to register a trade name or a fictitious name. On one hand, both registrations will cover the state requirement to register a business name that’s different from your legal name.
If you register a fictitious name, that’s all that happens. You do not get exclusive rights to a fictitious name, and there can be multiple businesses operating under the same fictitious name. If you aren’t looking for exclusivity and just want to meet state requirements, then a fictitious name is a simple, quick choice.
But if you’re hoping to gain exclusive rights to your name, then you should register it as a trade name. This version requires one extra step prior to registering. But once complete, trade name registration ensures that no one else can have the same name; all other names recorded with the Secretary of State must be unique from yours. Because of that, if you can, we recommend registering your name as a trade name.
Benefits to Registering an Ohio Trade Name
There are several benefits to registering a trade name. Even if you only register a fictitious name, it’ll be added to the public record. And the public record keeps everyone aware of who’s doing business under a given name. That transparency is a good thing. But if you register as a trade name, the biggest benefit is that you’ll have exclusive rights to that name. Once you’ve registered, no one else in Ohio can use it. This doesn’t apply to businesses in other states, of course, but while you’re just starting out, there’s a lot of peace of mind knowing that no one else in Ohio has a name like yours.
One benefit you might not think of right away is that a trade name allows you to get a business bank account in that name. This isn’t a necessity for many entrepreneurs, but from an accounting standpoint, it’s really helpful. You can keep all your “business funds” in one place, separate from your personal funds. That’s a good habit to start from the get-go (especially if you ever intend to become an incorporated entity later).
On a similar note, a trade name gives your customers peace of mind. It’s not uncommon for customers to write checks, right? Without a trade name, they’d write the check to you personally. Some people are leery about that. But thanks to a business bank account, Lauren can tell her customers to make their checks out to “Sew Sweet Creations.” It’s just a psychological thing, but a trade name gives your business an extra layer of legitimacy.
Register your Ohio Trade Name in 3 Steps
1. Check that your trade name doesn’t infringe on any legally protected names.
Before you register a trade name, you have to do your homework to ensure that you actually have clearance to use that name. Here are a few of the names you cannot use:
- Names that are already in use as the legal names of any corporations, LLCs, and other protected entities in Ohio
- Names that have already been registered as trade names in Ohio
- Names that have been reserved for future use as the legal names of corporations or LLCs
- Names that are protected by U.S. trademark law
The Ohio Secretary of State will automatically reject your trade name if it infringes on other names registered in the state. They won’t check the U.S. Patent and Trademark Office’s database for you. That’s why it’s important to complete a few different searches.
First, you’ll need to run a Business Name Search. This is your way to check the state database for any exact matches to your trade name. As a general rule, if you search your desired trade name and the tool pulls up any matches (that aren’t fictitious names, since those aren’t protected), you’ll need to change your name.
Resource: Need help with the Business Name Search? Check out our full name search guide here.
Next, we recommend searching the U.S. Patent and Trademark Office’s trademark database. Even though trademarks are usually regarded as visuals or logos, any names and text included within those visuals are nationally protected. That means no other names or visuals in the entire United States can’t be the same or similar as a trademarked name.
There are plenty of examples of different small businesses being taken to court for infringing on the name of large international chains, but we won’t get into them. Just rest assured that you’ll be doing yourself a big favor by ensuring that your name is completely unique.
Another optional search is just your tried-and-true Google search. This won’t give you any systematic, organized results like what you’d get from the Business Name Search. But it will give you insight into names being used everywhere.
For example, you might find that your desired name is being used by another business in a neighboring state. That’s fine as long as the name isn’t trademarked and you intend to run business exclusively in Ohio. But if you have any aspirations of expanding into other states, you’ll want to know what names are in use there.
2. File the appropriate trade name application.
Whether you’re filing a fictitious name or a trade name, your go-to form is the Name Registration form. But how quickly you use that form depends on which type of name you’re registering. If you’re only going for a fictitious name, you can file as soon as you’ve determined you’re allowed to use the name.
But if you want to register a trade name and have exclusive rights to the name, you actually need to “own” or “use” the name first. This can be as simple as putting the name on company advertisements, starting to open a business account in that name, or adding the name to your business cards or letterhead. It might seem counterintuitive to use the name before you officially register it, but that’s how Ohio handles registrations for trade names. After that, you can fill out the form to get exclusive rights to your name.
No matter which type of name you register, you’ll need to pay a $39 filing fee. Once you’ve completed that, your fictitious name or trade name is good to go.
3. Renew your trade name.
In some states, a trade name lasts forever. But in Ohio, your trade name or fictitious name registration lasts for five years. Before the five-year period expires, you’ll need to file a Renewal of Trade Name or Fictitious Name Registration form. More specifically, you need to file it within the six months leading up to your name’s expiration date.
There’s a $25 fee for this filing. If you don’t file on time (and you have a trade name), you could potentially lose your exclusive rights to your name, so it’s essential to complete this step on time. Thankfully, the renewal process is pretty simple.
Other Considerations for Your Trade Name
Now that you’re a proud owner of an Ohio registered trade name, there are a couple things to keep in mind.
Most importantly, you should note that a trade name does not give you any personal asset protection. That’s a perk that comes with incorporating your business, such as forming an LLC or corporation.
If you already are (or you’re thinking about forming) an LLC or a corporation, then you get personal asset protection and even privacy through a registered agent service. This means that if something ever goes wrong with your business, your personal belongings—your car, your house, your personal savings account—are protected. Creditors or legal plaintiffs cannot touch them.
That protection is not available to unincorporated entities like partnerships or sole proprietorships. Moreover, applying for a trade name does not grant you that protection. In these cases, if something went wrong with your business, you’d have to pay any debts out of personal funds. So please don’t rely on a trade name for those protections.
Next, keep in mind that registering a trade name doesn’t prevent businesses in other states from using that name. The same applies for business’s legal names, too. We won’t get too technical with this, but each state governs its own businesses with no effect on businesses in other states. So as a businessperson in Ohio, you’ll follow Ohio law and federal (national) law for businesses. Michigan, for example, has no jurisdiction over your business unless you choose to expand into Michigan. This affects business names, too.
If you want to protect your trade name or legal name outside of Ohio, you do have options. Foremost among them is applying for a trademark with USPTO. If that’s something you’re interested in, we recommend seeking additional legal counsel. Trademarks are a very complicated (and expensive) process, and a lawyer will help you conquer every aspect of the application.
Conclusion
Important Tip
Trade Names might sound a bit complicated, but they don’t have to be. As long as you follow the proper state guidelines, it’s actually as simple as filling out the form and paying the filing fee. Hopefully this guide has taken away some of the guesswork to Ohio Trade Names.
If you decide that forming an actual entity is right for you, we recommend forming an Ohio LLC for most small businesses and entrepreneurs. You can either register it yourself or hire an LLC service.