How To Get a DBA in West Virginia in Three Steps
By Michelle Kaminsky, Esq. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed October 04, 2024
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A DBA, which stands for “doing business as,” is the name that a small business owner can choose to use instead of their personal name. The DBA is presented to the public as the business name, but it is not the business’s legal name. In West Virginia, a DBA is referred to as a “trade name.” You can learn more about how to obtain a West Virginia trade name and get answers to frequently asked questions here.
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If you own a West Virginia sole proprietorship and want to operate your business under a name other than your personal name, you will need a West Virginia DBA. For instance, if you want to make your type of business clear, instead of operating as Dave Johnson, you may wish to register a DBA such as “Dave’s Delectable Treats.” The same concept applies to every type of business entity, from LLCs to general partnerships and corporations. Still, the process for getting a West Virginia DBA varies by business structure.
Do You Need a DBA in West Virginia?
If you intend to use a different name than your business’s legal name in West Virginia, you need a DBA, which helps ensure that you and only you are using your business name.
A DBA can enhance your brand and come in handy if and when you’re ready to expand. A West Virginia DBA means customers won’t confuse your business with another and that other firms won’t claim you’re infringing on their company name.
Before you can register your DBA, West Virginia requires all businesses to register with the state’s Tax Division and obtain a West Virginia Business Registration Certificate. You can apply online through the West Virginia State Tax Department or mail in a West Virginia New Business Registration Application.
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Determine Name Availability
Before registering a new DBA name in West Virginia, you should choose a distinctive name and search to make sure no one else is already using it. To register a DBA for a sole proprietorship, West Virginia requires that the name is unique and distinguishable from other West Virginia businesses. Also, it cannot include business entity suffixes (LLC, LLP, Corp., etc. ) or terms such as “bank” or “engineer” without approval.
There are three main ways you can make sure the name you want is available:
West Virginia Business Name Search. West Virginia’s online database of business entities, which includes registered trade names, fictitious names, and assumed names, will tell you whether your chosen name is available.
Online Search. To find out if your business name is already being used by someone else outside of West Virginia, conduct a general online search. ICANN maintains all domain registrations, and if you find your name available as a domain, you can register it so others don’t use that URL. If another business is already using your chosen name, it doesn’t mean you can’t use it, but you may consider potential brand confusion or any legal issues that may arise if you do.
Trademark Search. The USPTO trademark database includes all names with registered trademarks in the United States. Once you have decided on your DBA name, you can register it with the USPTO.
Complete the Trade Name (DBA) Registration Form
As a sole proprietor, West Virginia requires that you file a Trade Name (DBA) Registration form, available online, with the West Virginia Secretary of State. The form is the same for general partnerships.
For your DBA filing, in addition to the DBA name, you must include:
Full names and addresses of all business owners
Contact information (name, email, phone number)
Signature
Note that other types of business entities must file a different form, an Application for Trade Name (DBA), with the Secretary of State.
File the Trade Name (DBA) Registration form
You may submit the form in several ways:
Online at the West Virginia One Stop Business Portal
Email (standard processing address: CorpFilings@wvsos.gov or expedited processing address: efilings@wvsos.gov)
Mail or in person at the following addresses:
Charleston Office:
One-Stop Business Center
13 Kanawha Blvd. West Suite 201
Charleston, WV 25302
Phone: (304) 558-8000
Fax: (304) 558-8381
Clarksburg Office:
North Central WV Business Center
153 West Main Street Suite G - Third Floor
Clarksburg, WV 26301
Phone: (304) 367-2775
Fax: (304) 627-2243
Martinsburg Office:
Eastern Panhandle Business Center
229 E. Martin Street
Martinsburg, WV 25401
Phone: (304) 356-2654
Fax: (304) 260-4360
There is no filing fee for sole proprietorships, but you can pay extra to expedite the process as follows:
24-hour expedited service: $25; the form can be emailed
2-hour expedited service: $250; the form can be faxed
1-hour expedited service: $500; the form must be delivered in person
Note that West Virginia does not require that you publish notice of your DBA in a newspaper or elsewhere.
After Obtaining Your DBA Registration
Your West Virginia DBA does not expire, so you do not have to renew.
If you need to change your registered name, you must file an amendment.
You can cancel your DBA by filing a Trade Name (DBA) Withdrawal form. The same submission and fee structure as above applies.
Frequently Asked Questions
Need Help Filing Your DBA?
A local business attorney can help you determine whether a DBA is right for you and also help you file one.
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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