Are you considering operating your business under a different, more brandable name without the hassle of forming a new legal entity? In Ohio, this is where a “Doing Business As” (DBA), or what the state officially calls a “Trade Name” or “Fictitious Name,” comes in.
For many Ohio entrepreneurs, including sole proprietors, freelancers, or LLCs, filing a DBA is a straightforward way to establish your brand while maintaining your current business structure.
In Ohio, a business is required to file a DBA if it operates under any name other than its legal name. For a sole proprietor, this is your personal name. For an LLC or corporation, it’s the name you registered with the Ohio Secretary of State. This practice promotes transparency for customers, banks, and state agencies and enhances your business’s credibility.
What Is a DBA in Ohio?
A DBA (Doing Business As), also known as a Fictitious Name or Trade Name in Ohio, enables a business to legally operate under a name that’s different from its official legal name. For instance, if Jane Doe is a sole proprietor but wants to conduct business as Cleveland Crafts, she would need to register a Fictitious Name.
It’s important to understand that a DBA isn’t the same as forming an LLC or a corporation. Unlike those legal structures, a DBA doesn’t create a separate legal entity or provide liability protection. It’s merely a way to officially register the name you wish to use for branding and business purposes.
You might need a DBA in Ohio if you:
- Want to operate your business under a brand name that’s different from your personal or company’s legal name.
- Plan to manage multiple ventures under one existing LLC, corporation, or sole proprietorship.
- Need to open a business bank account using your trade name.
In Ohio, filing a DBA is one of the most straightforward and affordable ways to give your business a professional identity without having to restructure your company.
Who Needs to File a DBA in Ohio?
In Ohio, a business is required to register a DBA if it plans to operate under any name other than its legal business name. The registration ensures public transparency and makes your business name official for use in banking, contracts, and marketing.
Ohio law differentiates between two types of DBAs:
- Trade Name: A unique name that you register to have exclusive rights to use in the state.
- Fictitious Name: A name that does not have to be unique and does not provide exclusive usage rights.
You need to file a DBA in Ohio if you are:
- Sole Proprietors: If you’re running a business under any name other than your full legal name. For example, James Doe, providing graphic design services as Modern Design Studio, would need to register a fictitious name or trade name.
- LLCs or Corporations: Even if your company is already registered with the Ohio Secretary of State, you will need a DBA if you want to operate under a different brand or division name.
- Franchises: Franchisees often use a DBA to operate under the franchise’s brand name.
In essence, if the name you use to interact with customers doesn’t match your legal name or your registered entity’s name, Ohio law requires you to file a DBA (either a Trade Name or Fictitious Name).
Note: You can also find information and tools to help you meet your state tax requirements and register for necessary tax accounts on the Ohio Department of Taxation website.
Step-by-Step Process to File a DBA in Ohio
Filing a DBA in Ohio is a process handled at the state level through the Ohio Secretary of State’s office, which is different from Georgia’s county-level process. The process is straightforward and can be completed online or by mail.
Check Name Availability
Before filing, you should conduct a business name search on the Ohio Secretary of State’s website to ensure your desired name is available and distinguishable from existing names. This is especially important if you are trying to register a “Trade Name,” which grants exclusive use. You cannot use a business entity suffix (like “LLC,” “Inc.,” or “Corp.”) unless your business is legally registered as that entity.
Complete the Name Registration Application
You will need to fill out a Name Registration (Form 534A). This form is available on the Ohio Secretary of State’s website and requires information such as:
- The desired name you wish to register
- The legal name and address of the business owner or entity
- The general nature of the business
Whether you are registering a “Trade Name” or a “Fictitious Name.”
File with the Ohio Secretary of State
Submit the completed Name Registration form and the required filing fee to the Ohio Secretary of State. The filing fee is $39. You can file:
- Online: Through the Ohio Business Central portal. This is generally the fastest method.
- By Mail: Please send the completed form and payment to the address listed on the form.
Manage Your Ohio DBA
Unlike Georgia, Ohio DBAs aren’t perpetual. Your registration is effective for five years from the date of filing. You must file a renewal form to continue using the name. The renewal fee is $25. Ohio law does not require publication of your DBA in a newspaper.
Keep Proof of Filing
It’s crucial to keep a copy of your filed Name Registration form as proof of your DBA. You will need this document to open a business bank account and for other official business transactions.
Costs & Timeline of Filing a DBA in Georgia
When filing a DBA in Ohio, the costs and timelines are consistent for all filers since the process is handled at the state level by the Ohio Secretary of State’s office. Unlike Georgia, Ohio does not have a mandatory publication requirement, which simplifies the process and reduces costs.
Filing Fees
The standard filing fee for a Name Registration (Form 534A) is a flat $39. This fee applies whether you’re registering a “Trade Name” or a “Fictitious Name.” While not required, Ohio also offers several expedited filing options for an additional fee:
- 2-day processing: +$100
- 1-day processing: +$200
- 4-hour processing: +$300
Processing Times
For standard filings, the processing time is typically 3-7 business days. This is significantly faster than Georgia’s process due to the lack of a two-week newspaper publication requirement. Mail-in applications may take slightly longer.
Renewal Timeline
Unlike a Georgia DBA, an Ohio DBA isn’t perpetual. Your registration is valid for five years from the date of filing. To maintain your DBA, you must file a renewal form and pay a $25 renewal fee within six months before the expiration date.
Common Mistakes to Avoid When Filing a DBA in Ohio
Filing a DBA in Ohio is a simple process, but minor errors can lead to delays or invalidate your registration. Here are the most common mistakes to steer clear of:
1. Assuming a DBA Provides Legal Protection
A DBA in Ohio is simply a name registration. It doesn’t create a separate legal entity or offer any liability protection for your personal assets. You will still need to form an LLC or corporation if you want to protect your assets from business debts and lawsuits.
2. Filing a Fictitious Name When You Need a Trade Name
Ohio law distinguishes between a Fictitious Name and a Trade Name. A Fictitious Name doesn’t provide exclusive usage rights, while a Trade Name does. If you want to protect your business name and ensure no one else in Ohio can use it, you must file a Trade Name and ensure the name is “distinguishable upon the records.”
3. Choosing a Name That’s Too Similar to Another Business
While the Ohio Secretary of State will reject a Trade Name application if the name isn’t distinguishable, it’s still your responsibility to conduct a thorough business name search before filing. Adopting a name that’s too similar to an existing business can lead to branding confusion and potential legal disputes down the line, especially if you’re only filing a Fictitious Name.
4. Not Renewing Your DBA on Time
Unlike Georgia’s perpetual DBA, an Ohio DBA expires after five years. Forgetting to file a renewal form and pay the renewal fee will cause your DBA to lapse, and you will lose the right to use that name.
5. Using an LLC or Inc. Suffix Without Being That Entity
When you register a DBA, you cannot use a corporate suffix like “LLC,” “Inc.,” “Corp.,” or “Limited” unless your business is legally registered as that entity. Doing so is a violation of Ohio law and will cause your application to be rejected.
FAQs About Filing a DBA in Ohio
Filing a DBA in Ohio involves a state-level process with unique rules. Here are answers to some of the most common questions entrepreneurs ask:
Do I Need a DBA If I Already Have an LLC?
Yes, if your LLC operates under a name different from its legal one. For example, “Buckeye State Services LLC” doing business as “Cleveland Event Planners” would need to register a Fictitious Name to legally use the latter.
Can I File a DBA Online in Ohio?
Yes, the Ohio Secretary of State offers a streamlined online filing system through its Ohio Business Central portal. This is the fastest and most convenient way to register your DBA. You can also file by mail.
How Long Does DBA Approval Take?
Standard online filings are typically processed within 3-7 business days. Ohio does not have a mandatory newspaper publication requirement, which significantly speeds up the process compared to other states like Georgia. You can also pay an additional fee for expedited processing (2-day, 1-day, or 4-hour).
How Long Is a DBA Valid in Ohio?
An Ohio DBA is valid for five years from the date of filing. To continue using the name, you must file a renewal form and pay a $25 fee within six months of its expiration date.
Can Multiple DBAs Be Linked to One Business?
Yes, a single business entity can register multiple DBAs to operate different brands or service lines. Each DBA requires a separate filing with the Ohio Secretary of State and a separate filing fee.
Final Takeaway
Filing a DBA in Ohio is a straightforward process that allows you to operate under a new business name without the need to form a new legal entity. With a simple online filing process and no newspaper publication requirement, it’s a quick and affordable way to establish your brand.
Whether you’re a sole proprietor, freelancer, or an LLC seeking to launch multiple brands, registering a DBA ensures legal compliance while giving your business the professional identity it needs to thrive in the Buckeye State. Just remember to renew your registration every five years to keep your name active.