Back to the article

Business Fictitious Trade Name , Fictitious, Assumed, or Trade  Business Fictitious Trade Name  

 

Your personal, legal name is your first and last name. 

A corporation's legal name is the one appearing on the face of the registered, stamped state corporate, LLC or Ltd Partnership certificate.

Thus, if your name is John Doe and you are doing business as as a sole proprietor with the Business Fictitious Trade Name "John's Plumbing," you are required to register a Business Fictitious Trade Name , Business Fictitious Trade Name statement. 

On the Business Fictitious Trade Name certificate / statement, you will be the registrant, John Doe,  doing business as the Business Fictitious Trade Name name  "John's Plumbing". 

If you have registered a corporation, or LLC with that name (i.e., "John's Plumbing") you don't need to file a Business Fictitious Trade Name with the same name (i.e., with  "John's Plumbing" Business Fictitious Trade Name ).

 However, if you have filed "John's Plumbing" corporation, or LLC  and you decide you also want to do business as a corporation but with a different than the corporation's name.  For instance, you want to do business with the Business Fictitious Trade Name "Plumber 4 You," you need to register a Business Fictitious Trade Name under "John's Plumbing" corporation (in such case, "John's Plumbing" corporation will be the registrant of the Business Fictitious Trade Name Business Fictitious Trade Name "Plumber 4 You".

Why is it called a "" Business Fictitious Trade Name ,  assumed name or a trade name?

It is called a "" name, mainly because it is not the "legal name" of the owner. 

An individual has a legal name because he or she has a birth certificate and or a social security number. 

A corporation has a legal name because it has a corporate certificate filed with the state as well as a federal Tax Id Number Number.

Thus, a person with a legal name, doing business as a name other than its legal name, has to file a Business Fictitious Trade Name of the name he is doing business as...

A Business Fictitious Trade Name , an assumed name or a trade name,  is simply a company's Business Fictitious Trade Name , when the Business Fictitious Trade Name is not the same as the owner's name of the business.

For example, the Business Fictitious Trade Name of a sole proprietorship is "Joan's Burger Queen".  If the Business Fictitious Trade Name was the name of the owner of the business,  "Joan Doe," the first and last name of the owner, it would not be a "" Business Fictitious Trade Name . 

Likewise if the owner of the business is a corporation, as for example, IBM corporation, doing business as the Business Fictitious Trade Name "Computers to Go," "Computers to Go" would be a Business Fictitious Trade Name for IBM corporation because the name is not the corporation / owner's name (namely, the name is not " IBM corporation").
 


Business Fictitious Trade Name , Fictitious, Assumed, or Trade  Business Fictitious Trade Name  

  • (Required for all business types  - including eBay, Online and Home-Based businesses  - Requires Registering of a Business Fictitious Trade Name  if  Business Fictitious Trade Name is not the owner's own personal or Legal name (i.e., personal name being the first and last name for individuals and the legal corporate name for corporations)).  Note that alternatively you can file a corporation to register your business name if the Business Fictitious Trade Name and the  corporation name are exactly the same.

    • Recommended: Most small business advisors recommend that you file a Doing Business As (Business Fictitious Trade Name ) business name instead of using your first and last name to do business.  To whose name would you rather write a check to?  A business or an individual.  Obviously, you would prefer to write a check or pay a registered business instead of paying an individual. Can you imagine Microsoft having the Business Fictitious Trade Name "Bill Gates Software".

 

Business/Legal Name -- The exact Legal Name of the business. For a corporation, the legal name will appear on the certificate of incorporation. For a business not incorporated, the legal name is the name in which the business owns property or acquires debt. If the business is a partnership, use the names of the partners, if a sole proprietor, use the legal name of the individual owner of the business.

Trade name or Business Fictitious Trade Name -- Enter the trade name, doing-business-as name or assumed name if different from the legal name. For a corporation, enter the name that you want to use as the corporation's Business Fictitious Trade Name   name . For a business that is not incorporated, enter the  Business Fictitious Trade Name name you want to register.