what is the difference when registuring your business name in your state

Discussion in 'Business Operations' started by daveintoledo, Mar 24, 2005.

  1. daveintoledo

    daveintoledo LawnSite Silver Member
    Posts: 2,587

    trade name, and ficticious name, both can be used as a dba, anyone know the difference???
     
  2. tonygreek

    tonygreek LawnSite Gold Member
    Posts: 3,479

    in ohio, a registered trade name offers you a protected name, as does any name that is approved when filing an llc or corp. if you go through any of those processes, your name must be uniquely different from any other doing business. if you want to pm me with your name, i can give you some advice on uniqueness, as well as you can search the secretary of state's website. google "ohio secretary of state" and you'll get the site. sos.oh.gov or some such.

    a ficticious name offers you zero protection and theoretically, every person on your street could name their lco the same as yours. ficticious names exist for the protection of the consumer, so that a person's underlying name can be discovered and they can know exactly who they are doing business with..

    edit:
    just saw your logo and see your name. you're probably going to be relegated to ficticious name registering only, but research it on your own.
     
  3. daveintoledo

    daveintoledo LawnSite Silver Member
    Posts: 2,587

    While i have searced and found similar but not the same, i bet you are correct, and would have been redirected, and lost time... once again, thank you for your expertise :)
     
  4. The C Man

    The C Man LawnSite Senior Member
    from Ohio
    Posts: 527

    Tony, maybe you have some insight on this.... what I don't understand is, regardless of whether you go with a trade name or fictitious name, they both cost the same.... so why would anyone bother going with a fictitious name when it offers them no protection from someone else using it?
     
  5. tonygreek

    tonygreek LawnSite Gold Member
    Posts: 3,479

    nothing i hate worse than admitting defeat, but i don't know the answer to that one, C Man. please don't tell my wife...

    i've never thought about it, actually. i've always connected "fictitious names" as a county issue, or if a corporate entity wanted to file another dba on the state level, but not sure why they just wouldn't go with a trade name. it's been 10 years and a few careers since i stuffed my collegiate schedule with business law classes and the state's website is lacking in definition.

    if i'm bored anytime soon, i'll give the SOS a call and ask (which can be an ordeal in itself...).
     
  6. parchmentlady

    parchmentlady LawnSite Member
    Posts: 1

    I just looked up what the requirements are for a Trade name, and came up with this website explaining that you do not need to register for a Trade name if you are using your full legal name in your business name.

    The website brings up a PDF website area, and shows you specific examples of what type of name would need and would NOT need to be registered with the secretary of state.

    I believe from what this shows, a Trade name is a business name that includes some aspect of your full legal name in it. If it includes all of your full legal name, than it does not need to be registered with the Secretary of State.

    If it only includes a portion of your full name, than it must be registered with the Secretary of State. If your business name doesn't include any part of your legal name in it's title, than i believe it is supposed to be registered as a fictitious name.

    Here is the website link, if you are interested in researching more. Hope it helps :) http://www.dol.wa.gov/forms/700128.pdf
    Michelle
     

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