How to File a DBA in Ohio
In Ohio a DBA is a trade name or fictitious name registered with the Secretary of State. No newspaper publication is required. Attorney review available.
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Introduction
Ohio splits a DBA into two kinds, a trade name you assert a right to use exclusively and a fictitious name you do not, both being public filings that let a person or business use a name different from the owner's legal name without creating a separate legal entity. You register statewide with the Ohio Secretary of State, not with a county, on the Secretary of State's name registration filing (Ohio Revised Code 1329.01). Ohio draws a specific line between the two options. A trade name is a name to which you assert a right to exclusive use, so registering it can give you priority in that name, while a fictitious name is a name you have not registered, or are not entitled to register, as a trade name, so it is non-exclusive and simply reports that you are using it. A fictitious name must be reported within thirty days after you first use it. The filing fee is thirty-nine dollars (Ohio Revised Code 1329.01 and 111.16). Unlike some states, Ohio requires no newspaper publication of the name. Registering a trade name or reporting a fictitious name does not create a corporation or an LLC, does not shield the owner from liability, and a fictitious name gives no exclusive right to the name. A registration or report stays in force for five years and may be renewed for another five-year term on an application filed within six months before it expires, on a form furnished by the Secretary of State, for a twenty-five dollar renewal fee (Ohio Revised Code 1329.04 and 111.16). DocDraft builds your Ohio trade name or fictitious name statement from your facts, with attorney review available before you file.
Key Things to Know
- 1
Ohio recognizes two forms of DBA, a trade name and a fictitious name, each a public registration that lets you use a business name different from the owner's legal name. Either way it creates no separate legal entity.
- 2
You register statewide with the Ohio Secretary of State, not with a county (Ohio Revised Code 1329.01). Ohio has one central filing office for both trade names and fictitious names.
- 3
Ohio distinguishes a trade name, a name to which you assert a right to exclusive use, from a fictitious name, a name you have not registered or are not entitled to register as a trade name, which is non-exclusive (Ohio Revised Code 1329.01).
- 4
The filing fee is thirty-nine dollars to register a trade name or report a fictitious name (Ohio Revised Code 1329.01 and 111.16). A fictitious name must be reported within thirty days after you first use it.
- 5
Ohio requires no newspaper publication of a trade name or fictitious name. There is no publish-and-file-proof step, unlike some other states.
- 6
A trade name or fictitious name registration lasts five years and may be renewed for another five-year term on an application filed within six months before it expires, on a form furnished by the Secretary of State, for a twenty-five dollar fee (Ohio Revised Code 1329.04 and 111.16).
- 7
A DBA does not limit your liability and a fictitious name gives no exclusive right to the name. A sole proprietor with a DBA is still personally responsible for the business.
Key decisions before you file
Before you file a DBA (Doing Business As) in Ohio, a few decisions shape the document: which option to choose and what each one means. The DBA (Doing Business As) guide walks through them.
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Ohio Requirements for DBA (Doing Business As)
Register With the Secretary of State
In Ohio a DBA is a trade name or fictitious name registered statewide with the Ohio Secretary of State, not with a county (Ohio Revised Code 1329.01). Ohio uses one central filing office for both.
Trade Name Versus Fictitious Name
Choose the filing type. A trade name is a name to which you assert a right to exclusive use, so it can give priority. A fictitious name is one you have not registered or are not entitled to register as a trade name, and it is non-exclusive (Ohio Revised Code 1329.01).
The Name Being Registered
The exact name to register. It must not include a word such as Corporation, Incorporated, LLC, or Limited unless the registrant is that type of entity, and you indicate whether you are registering a trade name or reporting a fictitious name.
Filing Fee of Thirty-Nine Dollars
The filing fee is thirty-nine dollars to register a trade name or report a fictitious name, payable to the Secretary of State (Ohio Revised Code 1329.01 and 111.16). Ohio charges one statewide fee for both types.
Registrant and Owners
The full legal name and address of the registrant, the type of registrant, and the name and address of each additional owner. For a general partnership, every partner is listed. Report a fictitious name within thirty days after first use.
No Newspaper Publication
Ohio requires no newspaper publication of a trade name or fictitious name. There is no publish step and no proof-of-publication filing once the Secretary of State accepts the registration or report.
Five-Year Term and Renewal
A trade name or fictitious name registration is effective for five years and may be renewed for another five-year term on a form furnished by the Secretary of State, filed within six months before expiration, for a twenty-five dollar fee (Ohio Revised Code 1329.04 and 111.16).
No Entity, No Shield, Limited Name Rights
An Ohio DBA is only a name registration. It creates no separate legal entity, does not limit the personal liability of a sole proprietor or general partner, and a fictitious name gives no exclusive right to the name. A trademark is separate.