Gavin Howe
In Oklahoma, a trade name is what many refer to as a doing business as (DBA) name. This is any name that a business uses to operate under that is different from its legal business name. Oklahoma law requires businesses to register their trade name with the Secretary of State if they plan to use a name other than their legal business name. This registration allows businesses to use the trade name for various activities, including advertising and creating websites and social media accounts. So, can a law firm in Oklahoma advertise under a different trade name? The answer is yes, as long as the firm registers the trade name with the state.
| Characteristics | Values |
|---|---|
| What is a trade name? | Any name that a business uses that is different from the one registered with the Oklahoma Secretary of State. |
| What is a DBA? | "Doing Business As", a name that a business uses that is different from its legal business name. |
| Who can register a DBA? | Oklahoma sole proprietors, general partnerships, LLCs, corporations, and any other type of business. |
| Where to register a DBA? | With the Oklahoma Secretary of State. |
| How to register a DBA? | 1. Perform a name search to ensure availability. 2. Complete and submit an application to the Secretary of State's office. 3. Pay the filing fee of $25. |
| How long does it take to process a DBA application? | Online and in-person filings: 2-3 business days. Mailed filings: longer due to postal times. |
| How long does a DBA last? | Forever, unless cancelled. |
| Can a DBA be updated? | No, a new Trade Name Report must be filed for a different DBA. |
| Can a DBA be used for advertising? | Yes, for billboards, print media, radio, television, business cards, company letterhead, etc. |
| Can a DBA be used to open a bank account? | Yes. |
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What You'll Learn
Registering a trade name in Oklahoma
In Oklahoma, a trade name is what many refer to as a "doing business as" (DBA) name. A trade name is any name that a business uses that is different from its legal name. For example, if the legal name of your business is "Pizza Galore, LLC", but you operate under the name "Pizza Hut", you will need to register "Pizza Hut" as a trade name.
To register a trade name in Oklahoma, you must file a Trade Name Report with the Oklahoma Secretary of State. The process is as follows:
- Check if your desired trade name is available by performing a name search. Ensure that no other business is using your preferred trade name and that there are no trademark complications.
- Download the Trade Name Report form.
- Insert the trade name under which the business is carried on.
- Provide the business address.
- Insert the legal name of the "business entity" doing business under the trade name. A business or person must claim ownership of the trade name.
- Briefly describe the kind of business carried on under the trade name.
- Indicate the type of business entity and check the appropriate box.
- Sign the Signature Block. If you have a corporation, sign in the "Corporation" section. If you have anything else, including a limited liability company or you are signing as an individual, sign in the "Business Entity" section.
- Send in the completed and signed report, along with a check for $25, to the Oklahoma Secretary of State. The mailing address is: Business Filing Department, 2300 N. Lincoln Blvd., Room 101 Oklahoma City, OK 73105-4897.
Online and in-person filings are processed within 2-3 business days, while mailed filings may take longer. There is no need to renew your trade name registration in Oklahoma, and it will remain valid unless you cancel it. However, if you want to update your trade name, you will need to file a new Trade Name Report and pay the $25 fee again.
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Advertising under a trade name
In Oklahoma, a trade name is what many refer to as a "doing business as" (DBA) name. This is any name that a business uses to operate under that differs from its legal business name. For example, a person who owns Smith Corporation under Oklahoma law but does business as Acme Products would need to register Acme Products as a trade name.
Oklahoma law states that a business must register a trade name with the Secretary of State if it plans to use a name that isn't its legal business name. The registration process involves completing and submitting an application to the Secretary of State's office and paying a filing fee of $25. The process takes about 2-3 business days for online and in-person filings, while mailed filings will take longer.
Once a trade name is registered, it can be used for various business-related activities, including advertising on billboards, print media, radio, and television. It can also be used on business cards, company letterheads, and promotional items such as mugs and t-shirts.
It is important to note that registering a trade name in Oklahoma does not confer ownership of the name. Ownership of a trade name is acquired by using the name in the marketplace. Additionally, registering a trade name does not provide any trademark rights to the registrant. If trademark protection is desired, separate registration with the United States Patent and Trademark Office is required.
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Trade name vs trademark
In Oklahoma, a trade name is what many refer to as a "doing business as" (DBA) name. It is any name that a business uses to operate under that is different from its legal name. For example, a person who owns Smith Corporation under Oklahoma law but does business as Acme Products would need to register the name Acme Products as a trade name. Registering a trade name is primarily for administrative and accounting purposes, such as filing a corporate tax return. It does not provide trademark rights or legal protection for the brand name.
A trademark, on the other hand, is a source identifier for goods and services. Registering a trademark with the relevant authorities guarantees its exclusive use and prevents other businesses from using it. Trademarks are easily recognized as they are accompanied by the ™ symbol. While trade names and trademarks are different concepts, it is possible to use a trade name in a way that develops trademark rights. Trademark usage typically involves prominently displaying the trademark in clear connection with certain goods or services.
In Oklahoma, a business must register a trade name with the Secretary of State if it plans to use a name that isn't its legal business name. The registration process involves performing a name search to ensure no other business is using the preferred name, completing and submitting an application, and paying a $25 filing fee. DBAs can be used for various business-related activities, including creating websites and social media accounts, advertising online and in print, and opening business bank accounts.
While the terms trade name and trademark sound similar, it is important for business owners to know the difference. Trade names and trademarks identify a business but hold different legal weight. Companies should avoid choosing trade names that are too close to a registered trademark, as this could expose owners to a potential lawsuit.
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Legal requirements for trade names
A trade name is a pseudonym used by companies that do not operate under their registered name. It is also known as a "doing business as" (DBA) name, assumed name, or fictitious name. In the US, trade names are used to identify companies, businesses, or partnerships, not goods or services.
In the US, businesses in every state are subject to trademark infringement lawsuits. Therefore, it is important to check your prospective business name against the official trademark database maintained by the United States Patent and Trademark Office.
Businesses must also register their trade name with the relevant government body, usually the state. In Oklahoma, for example, a business must register a trade name with the Secretary of State if it plans to use a name that isn't its legal business name. This involves completing and submitting an application to the Secretary of State's office and paying a filing fee of $25.
While a trade name is not usually considered a trademark or service mark, it can be entitled to protection under trademark laws if it is used by the business to identify products or services and is distinctive enough. To obtain trademark protection for a trade name, businesses can file an application with the United States Patent and Trademark Protection Office (USPTO).
It is important to note that registering a trade name does not confer any trademark rights on the registrant. Trademark rights in the US are acquired by use in commerce, although there are benefits to filing a trademark application.
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Benefits of registering a trade name
In Oklahoma, a trade name is what many refer to as a "doing business as" (DBA) name. This is any name that a business uses to operate under that is different from its legal business name. For example, if your name is John Smith and you own a sole proprietorship called John Smith Consulting, then John Smith would be your legal name and Consulting would be your business name.
Registering a trade name is beneficial for a number of reasons:
- Compliance with the law: In Oklahoma, any business that uses a name that isn't its legal name needs to register the name with the state.
- Protection of brand identity: Registering a trade name helps to protect your brand identity and intellectual property rights. It also helps to separate your business from others with similar names or operating in the same industry, reducing confusion among customers.
- Tax benefits: Having a registered trade name may help you qualify for certain tax benefits, such as deductions for start-up costs.
- Ease of doing business: Registering a trade name makes it easier for customers, suppliers, and other entities to recognize you as a legitimate business owner. It also allows you to open a business bank account and set up a point-of-sale system.
- Flexibility: A business may have only one corporate name but as many trade names as desired. This provides flexibility in marketing and branding, allowing you to use fictitious or shortened business names when conducting business.
- Legal standing: Registering a trade name allows entities with business names to undertake legal action under that name.
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Frequently asked questions
A trade name is what many people refer to as a “DBA”, or Doing Business As name. It is the name of a business or person who is doing business under any name different than what they have registered with the Secretary of State.
Yes, it is a legal requirement in Oklahoma to register a trade name with the Secretary of State if it is different from the name of the proprietor, partnership or corporation doing business with that name.
First, perform a name search to make sure no other business is using your preferred trade name. Then, complete and submit an application to the Secretary of State’s office and pay the $25 filing fee.
Online and in-person filings take about 2-3 business days to be processed. Mailed filings will take longer due to postal times.
Yes, DBAs can be used for almost all business-related activities, including advertising online and in print, on billboards, and in print media, radio, and television.
