How To Get a DBA in Delaware in Three Steps

By Catherine Hodder, Esq. | Legally reviewed by Jordan Walker, J.D. | Last reviewed September 18, 2024

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A DBA means “doing business as” and allows small business owners to use a name that is different from their legal business name. This may also be called a “Delaware trade name” or “assumed business name.” Learn how to register a Delaware DBA and get answers to frequently asked questions.

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Table of Contents

You may want a DBA if you are a sole proprietorship, and the business is in your own name or if you want to use a name that is different than the legal name of your business entity. For example, if you are a sole proprietor with a car detailing service, you could use a name like “Precision Car Detailing” instead of your name “Joe Smith” to appear more professional. Or if your business has a generic name such as “JS Services LLC” you may want to distinguish it as a type of business such as “JS Landscaping Services.”

Do I Need a DBA in Delaware?

If you want a different name from your legal business name, you should register for a DBA. You may want a DBA to build your brand or have a memorable name, and registering for a DBA is less expensive than starting up a new legal entity such as a corporation or LLC. You should decide if a DBA is helpful for your Delaware business.

Delaware does not charge a penalty for failure to register a DBA, but if you don’t, it may lead to brand confusion, and other entities may try to claim your DBA name or institute legal action that you are infringing on their name.

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3 Steps To Get a DBA in Delaware

1

Conduct Name Search

Before you register for a DBA in Delaware, you want to make sure the name is available for use. The best way is to search in Delaware, on the internet, and with the United States Patent and Trademark Office (USPTO). You can determine if the name is being used by another business or registered as a trademark.

  • Search in Delaware. Delaware has an online database for trade, business, and fictitious names to search for names in use.

  • Search on the Internet. You can Google the name and see what pops up or use a website builder to search to see if the name is available. There is also a website to look up domain registrations on ICANN.

If your name is available, you may want to consider registering the domain name or applying for a trademark to have exclusive rights to the name. If you haven’t already formed a corporation or limited liability company (LLC), you can register one with the Secretary of State’s office. Forming an LLC or corporation in Delaware also serves as your business name registration.

 

2

Complete Registration of Trade, Business & Fictitious Name Certificate

You register a DBA in the Prothonotary’s office in each county where you want to do business. If you do business in all three counties, then you must register in all three counties: New Castle, Kent, and Sussex.

The DBA application is called the Registration of Trade, Business & Fictitious Name Certificate.

In this application, you must indicate in which counties you are filing and the following information:

  • Trade name

  • Business address

  • Phone number

  • Person, Firm, Association (parent company name, if applicable)

  • Names and addresses of all owners, members, or partners in the business

  • Date of business formation

  • Nature of business

You can complete and print the online registration form. You must sign the form in front of a notary.

3

File Registration of Trade, Business & Fictitious Name Certificate

Once your form is complete and notarized, you must mail (or hand deliver) it to the Prothonotary's Office for each county where you operate your business. The filing fee is $25. Send a check or money order made payable to The State of Delaware. There is no option to file online.

For New Castle County, the address is:

Leonard L. Williams Justice Center
Prothonotary
Superior Court
500 North King Street, Suite 500, LL1
Wilmington, DE 19801-3746
 (302) 255-0825

For Kent County, the address is:

Kent County Courthouse
Prothonotary
Superior Court
38 The Green
Dover, DE 19901
 (302) 735-1900

For Sussex County, the address is:

Sussex County Courthouse
Prothonotary
Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947
 (302) 855-7055

You can include a self-addressed stamped envelope, as well as a copy of the completed and notarized Registration of Trade, Business and Fictitious Name Certificate with your filing to receive a clocked-in filing.

Unlike other states, there are no requirements to publish your DBA in local newspaper.

After DBA Registration

Once you have confirmation that Delaware accepted your DBA filing, you do not have to renew your registration. However, it is a good idea to keep your business information up to date. If there is a change, you can file a Supplemental Certificate to your registration. You may also want to add the DBA to any business licenses, bank accounts, or insurance policies.

If you want to terminate your registration, you can file a Termination of Trade, Business & Fictitious Name.

FAQs 

Frequently Asked Questions About Delaware DBAs

No. Delaware does not offer online DBA registration at this time.

You may have multiple DBAs in Delaware. There is no limit.

No. A DBA does not offer legal protection for your personal assets, so if you are a sole proprietor, you still have personal liability risk. The only way an entrepreneur can protect their personal assets is to form a legal business entity such as an LLC, corporation, or limited partnership.

No. If you have a Delaware LLC or corporation, you can use the same EIN for your assumed name. As a sole proprietor, you can use your social security number for tax purposes.

Need Help Filing Your DBA?

You can consult a local business attorney who can advise you about your business structure and if a DBA is advantageous or necessary.

Or you can let our trusted partner LegalZoom handle your name search and DBA application filing 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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