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
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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.
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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.
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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).
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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.
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Ohio requires no newspaper publication of a trade name or fictitious name. There is no publish-and-file-proof step, unlike some other states.
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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).
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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)
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.
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 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.
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.
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.
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.
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).
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.
Frequently Asked Questions
In Ohio a DBA is a trade name or a fictitious name, a public filing that lets a person or company do business under a name different from the owner's legal name. You register it with the Ohio Secretary of State (Ohio Revised Code 1329.01). It connects the name to you on the public record. It does not create a separate legal entity and, in the case of a fictitious name, gives no exclusive right to the name.
In Ohio a DBA (a trade name or fictitious name) is only a name registration you file with the Secretary of State; it creates no new entity and gives no liability protection. An Ohio LLC is a separate legal entity you form by filing Articles of Organization with the Secretary of State, and it shields the owners' personal assets. You can have both, since an existing LLC can register a DBA to run a brand under another name. Choose based on whether you need liability protection or just a name.
Yes. Ohio law separates the two (Ohio Revised Code 1329.01). 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 against later users. A fictitious name is a name you have not registered, or are not entitled to register, as a trade name; it is non-exclusive and simply reports that you are using the name. Both are filed with the Secretary of State and cost the same fee.
You register with the Ohio Secretary of State, statewide, not with a county (Ohio Revised Code 1329.01). You file the Secretary of State's name registration filing and indicate whether you are registering a trade name or reporting a fictitious name. The filing fee is thirty-nine dollars (Ohio Revised Code 1329.01 and 111.16). A fictitious name must be reported within thirty days after you first use it in business.
No. Ohio does not require you to publish a trade name or fictitious name in a newspaper. Ohio Revised Code Chapter 1329 sets no publication step and no proof-of-publication filing, so once the Secretary of State accepts your registration or report there is nothing further to publish. This is different from states that require a notice to run for several weeks after filing.
An Ohio trade name or fictitious name registration is effective for a term of five years and may be renewed for another five-year term (Ohio Revised Code 1329.04). You file the renewal on a form furnished by the Secretary of State within six months before the term expires, and the renewal fee is twenty-five dollars (Ohio Revised Code 111.16). Track the five-year date so your registration does not lapse.
You generally register in Ohio when you regularly do business under a name that is different from the owner's legal name or a company's registered name. Register a trade name if you want to assert a right to exclusive use of the name and priority against later users; report a fictitious name if you are simply operating under an assumed name (Ohio Revised Code 1329.01). Reporting a fictitious name is required within thirty days after first use.
It depends on which you file. A trade name asserts a right to exclusive use, so registering it can give you priority in that name, but a fictitious name is non-exclusive and gives no exclusive right (Ohio Revised Code 1329.01). Neither creates a separate legal entity, so a sole proprietor filing in Ohio remains personally liable for the business. For federal name protection you would seek a trademark, and for liability protection you would form an LLC or corporation.