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3 min read
Updated: Jul 21, 2025
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Understanding Fictitious Names

Understanding Fictitious Names

When starting a business, you may encounter the term "fictitious name." This is a name that a business uses which is different from its legal, registered name. Fictitious names are also commonly referred to as "doing business as" or DBA names.

Why Use a Fictitious Name?

Businesses often use fictitious names to operate under a name that is more marketable or descriptive than their legal name. For example, if Jane Smith owns a company called "Smith Enterprises, LLC," but wants to open a bakery called "Sweet Treats Bakery," she would register "Sweet Treats Bakery" as a fictitious name.

What is an example of a fictitious name?

For example, if Jane Smith owns a company called "Smith Enterprises, LLC," but wants to open a bakery called "Sweet Treats Bakery," she would register "Sweet Treats Bakery" as a fictitious name.

Registering a Fictitious Name

The process for registering a fictitious name varies by state. Generally, it involves filing paperwork with the appropriate state agency and paying a fee. This allows the business to legally operate under the chosen name and helps prevent other businesses from using the same name in that state.

Do I need to register a fictitious name in PA?

The process for registering a fictitious name varies by state. Generally, it involves filing paperwork with the appropriate state agency and paying a fee. This allows the business to legally operate under the chosen name and helps prevent other businesses from using the same name in that state.

Fictitious Name vs. DBA

A fictitious name and a DBA (doing business as) name are essentially the same thing. Both terms refer to a name that a business uses that is different from its legal name. The terminology may vary depending on the state or jurisdiction.

What is the difference between a DBA and a fictitious name?

A fictitious name and a DBA (doing business as) name are essentially the same thing. Both terms refer to a name that a business uses that is different from its legal name. The terminology may vary depending on the state or jurisdiction.

Legal Implications

Registering a fictitious name does not provide legal protection for the name itself, nor does it create a separate legal entity. It simply allows the business to operate under a different name. Trademark registration is a separate process if you wish to protect the name from use by others.

Conclusion

Understanding fictitious names is important for any business owner considering operating under a name different from their legal business name. Be sure to check your state's requirements for registering and using a fictitious name.

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