How To Get a DBA in Wisconsin in Four Steps

Register your DBA with confidence through our trusted partner LegalZoom.

By understanding what is required to get a trade name in Wisconsin, you can ensure your company is fully complying with all state regulations. In this article, we'll guide you through the steps needed to register your DBA.

Do I Need a Trade Name in Wisconsin?

Yes, if you operate a business under a name other than your legal name, you are required to file a DBA. This applies to sole proprietorships, partnerships, corporations, LLCs, and other business entities.

Filing a DBA allows your business to legally operate under a different name, open bank accounts, write contracts, and conduct other business activities using that name.

There are many reasons to use a trade name, including:

• Branding

• Marketing

• Privacy

• Distinguishing different lines of business

• Building credibility with customers

Advantages of Registering a Trade Name in Wisconsin

• Brand Identity: A DBA name allows you to build a distinctive brand that engages your intended audience, even if your legal company name is different. DBAs are particularly useful for businesses that operate multiple lines of products or services under one entity.

• Legal Protection: Having a registered trade name can protect your business by preventing other entities from using the same name or a similar one, to conduct business in Wisconsin.

• Marketing Flexibility: Using a trade name can simplify your marketing and advertising efforts because it allows you to establish a memorable brand that is relevant to your market.

• Customer Trust: Registering a trade name can help improve trust with your customers, because it creates a more professional and established image for your business.

Disadvantages of DBA Registration

• Registration and Maintenance Costs: While registering a trade name is relatively affordable, there are minor registration and renewal fees.

• No Exclusive Rights: Registering a trade name is not the same as registering a trademark. A Wisconsin DBA does not give you exclusive rights to that name nationwide. Others outside Wisconsin may use the same or a similar name without infringing on your rights.

• Compliance Obligations: Once registered, you must maintain your trade name, including any renewals or updates, to stay compliant with state regulations.

Penalties for Not Registering a Trade Name

If you're required to register a DBA trade name in Wisconsin and you don't, it can cause legal problems. You may also be violating state laws if you conduct business using a trade name that you haven't officially registered. These types of violations can lead to penalties such as fines and contract invalidation. In other words, if you've signed contracts under an invalid trade name, your company would not be able to enforce them.

Additionally, operating without a registered trade name may expose you to lawsuits from other businesses with similar names, as your business won’t have the legal protections afforded by registration.

4 Steps To Get a Trade Name (DBA) in Wisconsin

Using and Managing Your Wisconsin DBA Name

Now that you’ve successfully registered your trade name in Wisconsin, it’s important to understand how to use and manage it properly.

Use Your Trade Name in Business

After completing your DBA registration, you can start using the new name in everyday business transactions. You can use it on your business bank account for example, in your marketing materials, and in other activities. To prevent potential legal complications, make sure you always use the registered trade name in the exact format it was registered.

Keep Your Trade Name Valid

The DBA registration in Wisconsin is valid for ten years, after which you need to renew it. The renewal process and fee are similar to the initial registration. You should also keep your business information up to date with the Wisconsin DFI to avoid any compliance issues.

Update or Cancel Your Trade Name if Needed

If you need to make amendments or cancel your Wisconsin DBA, you can do so by filing the appropriate forms with the Wisconsin Department of Financial Institutions. There may be a small fee associated with these changes.

Additional Considerations

Local Requirements: Some Wisconsin cities or counties may have additional requirements before your business can use its trade name. Be sure to check with your local government offices to ensure you comply with all local regulations.

Federal Employer Identification Number (EIN): An EIN is a special number the IRS assigns to your business for tax identification purposes. Whether you need an EIN depends mainly on your business structure:

• Sole Proprietorship: If you don’t have employees, you may not need an EIN and can use your Social Security Number instead. However, if you hire employees, or if you file excise or pension plan tax returns, you will need an EIN.

• Partnerships: General partnerships involving more than one person are required to have an EIN and file an annual information return with the IRS.

• Corporations and LLCs: Both corporations and limited liability companies (LLCs) need an EIN, regardless of whether they have employees. The EIN is used to report taxes, file returns, and manage employee payroll if applicable.

If your Wisconsin business needs an EIN, you can get one digitally through the federal IRS website. The process is simple and can be completed online in just a few minutes. Having an EIN is important not only for tax purposes but also for opening business bank accounts and applying for business licenses.

FAQs About New DBAs in the State of Wisconsin

Final Steps and Legal Considerations for Your Wisconsin DBA

Once you’ve completed the steps to register your small business trade name in Wisconsin, you’re ready to start using your new business name. However, managing a trade name goes beyond registration. You’ll need to ensure that your business remains compliant with state regulations and consider any additional legal protections for your brand.

If you’re unsure about any part of the process, seeking advice from an attorney can help set up your business correctly. You can explore our attorney directory to find a qualified business attorney near you.

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.