Your DBA Doesn’t Protect Your Business Name
In California, a fictitious business name statement (often called a DBA, for “doing business as”) and a trademark do two different jobs. A DBA tells the public who is behind a business name. A trademark protects the name itself. Filing a DBA does not stop anyone else from using your name.
Think of it this way. Your DBA is a name tag: it tells people who you are. Your trademark is closer to a deed: it shows the name belongs to you.
Here’s how this usually plays out. You turn a weekend hobby into a business. Maybe it’s hand-poured candles, reclaimed-wood furniture, or custom vinyl decals. You pick a great name, file a DBA with the county, and open an online shop. You assume the name is now yours — but that DBA doesn’t make the name yours.
This guide explains the difference, walks through California’s DBA filing process, and covers what happens if you skip the filing altogether.
What is a Fictitious Business Name (“DBA”) Statement?
A DBA statement is a public filing with your county clerk. It links a business name to the real people or entity behind it. The rules applicable are found in the California Business and Professions Code (“CBP”) Sections 17900 through 17930.
Under CBP 17900, you are using a “fictitious” name, and need to file, in these situations:
- Sole proprietors: The business name leaves out your surname, or it suggests there are other owners.
- General partnerships: The name leaves out the surname of every general partner, or it suggests other owners.
- LLCs and corporations: You use any name other than the exact name in your articles of organization or incorporation.
Terms like “Company,” “& Sons,” or “& Associates” suggest other owners exist, thus needing to file a DBA statement. For example, “Smith & Sons Pottery” needs to file a DBA Statement even though it includes the owner’s surname.
Practice Tip: Don’t put “Inc.” or “Corporation” in your business name unless you’ve actually incorporated. The county clerk can’t (or at least shouldn’t) accept a DBA statement that includes them. Nonprofits are exempt from the DBA rules entirely.
What is a Trademark?
A trademark is a word, name, logo, or slogan that tells customers who makes a product. Trademark rights protect your brand from copycats and confusingly similar names.
California state registration. You file with the California Secretary of State and the fee is $70 per class of goods or services. Registration lasts five years and can be renewed every five years while you keep using the mark. You must already be using the mark in California, and protection stops at the state line.
Federal registration. You file with the U.S. Patent and Trademark Office with the base fee being $350 per class, and surcharges can raise it. Federal registration covers the whole country, which matters if you sell online or ship out of state. It lasts ten years and is renewable.
DBA vs. Trademark at a Glance
The short version: a DBA is a disclosure requirement, and a trademark is a property right.
| DBA Statement | California Trademark | Federal Trademark | |
|---|---|---|---|
| What it does | Tells the public who owns the business | Protects your brand in California | Protects your brand nationwide |
| Where you file | County clerk | California Secretary of State | U.S. Patent and Trademark Office |
| Stops others from using your name? | No | Yes, within California | Yes, nationwide |
| Government fee | Set by county | $70 per class | $350 per class and up |
| Required? | Yes, if you use a fictitious name | No, but recommended | No, but recommended |
Steps to File a Fictitious Business Name in California
California requires one DBA filing, in one county: the county where your principal place of business is located. You don’t have to file in every county where you sell, whether that’s at craft fairs or you ship orders.
- Find your county. File with the clerk of the county where your principal place of business is. If you have no place of business in California, you file in Sacramento County. A P.O. box or mailbox doesn’t count as a business address. You may also file in other counties, but the law only requires the one (CBP 17915).
- File within 40 days. File no later than 40 days after you start doing business under the name. Many counties let you file online, and most require valid photo identification (CBP 17910).
- Publish the statement. Within 45 days after filing, the statement must start running in a newspaper of general circulation in your county. It runs once a week for four weeks in a row. Your county clerk can give you a list of approved newspapers (CBP 17917).
- File the affidavit of publication. After the fourth week, the newspaper issues an affidavit proving the statement ran. Many newspapers file it with the clerk for you. Confirm that yours does and check your county’s deadline.
- Renew before it expires. Your statement expires five years after filing. It also expires 40 days after most changes to the facts in it, such as a new owner or a new business address. If you refile within 40 days of expiration and nothing has changed, you usually don’t need to publish again (CBP 17920).
Practice Tip: File your DBA before you order signs, labels, or packaging. If the county or a trademark search turns up a conflict, it’s much cheaper to change the name on paper than on 500 printed candle labels.
What Happens If You Don’t File?
The biggest risk of skipping your DBA filing is losing access to court. A business using an unfiled fictitious name can’t sue on any contract or transaction made under that name until the statement has been filed and published (CBP 17918).
Here’s what that looks like in practice. Say a customer orders a $2,500 custom dining table from “Oak & Iron Studio” and never pays. If you have never filed for that name, you can’t take the customer to small claims or any other California court until you file and complete four weeks of publication. That delay can cost you leverage, momentum, and sometimes the deal.
Other consequences to know about:
- False statements are a crime. Knowingly filing or publishing a false DBA statement is a misdemeanor with a fine of up to $1,000 (CBP 17930).
- Some problems can’t be fixed later. In one case, a sole proprietor had done business as “Mountain Connection, Inc.” without incorporating. Because the clerk can’t accept a DBA with “Inc.” for a non-corporation, there was no way to fix the problem so the lawsuit may not be able to move forward.
- Banking gets harder. Banks and payment processors commonly ask for a filed DBA statement before they’ll open an account in your business name.
Key Takeaways
- A DBA discloses who owns a business. It does not give you ownership of the name.
- File your DBA statement with the county clerk where your principal place of business is, within 40 days of starting business.
- Start publishing within 45 days of filing, once a week for four weeks, and make sure the affidavit of publication is filed.
- Without a filed and published DBA, you can’t sue on contracts made under that name (Section 17918).
- To protect the name itself, consider a California or federal trademark registration.
Talk to BMBR to Get Started
You put real work into your products. Your brand deserves the same care. BMBR helps California small business owners file the right paperwork and register trademarks that hold up. Contact BMBR to schedule a consultation before you invest in signs, packaging, or a website.
The actual filing of a DBA is probably not something you need to hire a lawyer for. It’s all the considerations around picking a name, how you use it, and what protections it may or may not give you that may justify working with an attorney. Note that there are wonderful non-lawyer resources to assist in the filing of a DBA, like legal publication/notice businesses or their related companies.
This post is for information purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.
Frequently Asked Questions
Does a DBA protect my business name in California?
No. A DBA is a disclosure filing.
Do I need to file a DBA in every county where I sell?
No. California requires one filing in the county of your principal place of business. You may file in other counties, but it isn’t required.
Do I need a DBA if I use my own name?
Not if the name includes your surname and doesn’t suggest other owners. “Jane Kim Designs” doesn’t need one. “Kim & Associates Designs” does.
Should I get a state or federal trademark?
A California registration costs less but stops at the state line. If you sell online or ship out of state, federal registration is usually worth considering.