How To Get a DBA in Alabama in Three Steps
By Marjorie Richter, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 09, 2024
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Every registered Alabama business must have an official legal name. In addition, as a business owner, you can create a different name to identify your business to the public. In other states, this type of name is known as a DBA (doing business as), fictitious name, or assumed name.
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In Alabama, DBAs are called trade names. You are not required to have a trade name. You could use only your official legal company name for all purposes. However, there are advantages to also using a trade name.
A trade name can help you market your existing or new business. It is often more memorable and appealing to customers and clients than a business’s formal legal name. If you’d like to get a trade name in Alabama, this article will show you how to get the name of your choice in three steps.
Do I Need a DBA in Alabama?
You don’t need a DBA to run a business in Alabama. The only name you must have is your business’s legal name. However, many entrepreneurs and other business owners choose to use trade names to help with branding and marketing.
A trade name can also provide privacy and polish for sole proprietors who are using their personal names as their business’s legal names. It can help your small business stand out if there are other companies with similar legal names. You may also need to register your trade name to use it on a business bank account.
A DBA, however, is not a business structure and does not protect your personal assets. For that, you need to create a legal entity.
In Alabama, if you decide to use a trade name, you are not required to register it with the state. Alabama’s common law gives you intellectual property ownership rights to a trade name when you adopt and use it. Unlike in most other states, there is no penalty in Alabama for using an unregistered DBA.
Although there is no legal requirement to register your trade name in Alabama, you do have the option of registering it with the Alabama Secretary of State. That’s a good idea. According to information from the Secretary of State, you are “highly encouraged” to do so. Registration will strengthen your right to use the trade name.
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Before you start using an Alabama DBA name, you should search for name availability. Check to see if another business is already using your desired name. You can search for business names on the Secretary of State’s Business Entity Records page.
You can also search the federal trademark database of the United States Patent and Trademark Office to make sure your desired fictitious business name is not trademarked. If it’s available, and you would like to trademark it yourself, you can apply through the Trademark Center.
If you want to use your new name as an internet domain name for your business, check the Whois domain lookup to see if it is available. If so, you can register the domain name with your web hosting company or the domain registrar of your choice.
In most states, you register a DBA before you start to use it. In Alabama, it’s the opposite. You must use your trade name before you are allowed to register it. You will need to supply proof that your trade name is already in use at the time you apply for registration.
You apply at the state level to get a DBA in Alabama. You must file a State of Alabama form called “Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama.” Along with the form, you must include three specimens and the state fees. Submit the package to the Office of the Secretary of State.
Specimens are proof that you have been using the trade name for your business. They are samples that show the trade name in use. Examples of acceptable specimens include social media accounts, business cards, labels, brochures, flyers, tags, decals, newspaper ads, and menus.
To file the application, you will need to provide the following information:
The business’s name, address, email, and phone number
The type of business structure (for example, sole proprietorship, partnership, limited liability company (LLC), or corporation)
The type of mark you are requesting (select “trade name”)
The trade name you are registering
The date the trade name was first used
The state where it was first used
The classification number for the type of business (choose from a provided list)
Three specimens showing the trade name being used
A registration fee of $30.00, plus a $1.20 processing fee if filing online
If you are doing your DBA filing online, specimens must be in PDF, PNG, JPEG, BMP, TIFF, HEIC, or SVG format. If filing by mail or in person, specimens must be original documents or clear copies.
If filing by mail, send the completed application, specimens, and a filing fee of $30.00, paid by check or credit card, to:
Office of Secretary of State
Trademarks Division
11 South Union Street, Suite 224
Montgomery, Alabama 36130
To apply online, fill out and submit the application form, specimens, and filing fee on the Secretary of State’s Trademark Initial Application page.
After You Register Your DBA
After the Secretary of State’s Office approves your trade name, it will be valid for five years. At the end of the five-year term, you can apply to renew it for another five years. To renew, submit the “Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama” form. This is the same form you used to first register your trade name. However, when renewing, you only need to submit one specimen, not the three required for the initial registration. Also, enclose the renewal fee, which is $30.00 or $31.20 if submitting online.
You will receive a renewal notice in the mail from the Secretary of State’s Office six months before your trade name expires. Be sure to notify the Office if your business’s address changes so that you will receive the notice.
To cancel a trade name, notify the Secretary of State’s Office in writing. Alternatively, if you don’t renew your trade name, it will be canceled automatically. To transfer a trade name to another company, for example, after a merger, send a notarized statement to the Secretary of State’s Office along with a $30.00 fee. If you have any questions, contact the Office at (334) 242-5325.
Frequently Asked Questions
For more guidance on DBA registration, you can seek advice from an Alabama attorney. Or you can let our trusted partner LegalZoom handle your name search, DBA application filing, and publishing for $99 plus filing fees.
Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.
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