A fictitious name can also be called a doing business as (DBA) name. Under business law, a DBA name can also be called a trade name or an assumed name.
Fictitious names are different from the actual names of the owners of businesses or the registered names of corporations or partnerships. DBAs are names that are used for businesses when they are operating, even though they are not the business’s legal names.
In Indiana, a fictitious name can be helpful to business owners who have multiple businesses. All of the businesses can have their own unique DBA names that reflect the specific services or goods that they offer. This can be done even when all of the businesses are linked to one owner or entity.
For example, if a business called XYZ Company owns a bookstore, a restaurant, and a software company, it can operate each of these under separate names instead of under the XYZ Company name. When each business has its own name, it allows each to establish its own brand identity and will be more easily identifiable and appealing to customers.
DBA business names are also used in franchising agreements. For example, if XYZ Company owns a franchise of a national fast food chain, it can do business under the name of that national chain instead of under the name of XYZ Company.
If the owner of a business or businesses is thinking about using a fictitious name for their Indiana business, it is important to schedule an Indiana lawyer consultation. Having help from a lawyer will make sure the process is completed properly under Indiana law and that the business follows all business licensing regulations.
Difference Between a Fictitious Name and a Trade Name in Indiana
In Indiana, there is a difference between trade names and fictitious names. Trade names are required to be different from other businesses.
A fictitious name, on the other hand, is not required to be unique. In addition, it does not give the user of the fictitious name any exclusive rights.
For more information on the use of Indiana fictitious names or trade names, it is important to reach out to an Indiana lawyer. Meeting with an attorney can also help ensure that the business owner does not engage in any type of unlawful business practices.
Example of How a Fictitious Name Works
If a business owner is thinking about filing a fictitious or assumed name, they need to follow certain steps. In order to further understand this concept, it can be helpful to review an example.
Suppose that Tim Smith owns a business as a sole proprietorship. He wants to run his business under the name of Smith’s Hardware instead of using his legal name. Smith’s Hardware is a fictitious name because it is not his legal name or a legally registered corporate name.
In most states, including Indiana, business owners have to file and register fictitious names. This is often done through state or county agencies and the owner usually has to pay a fee.
Even though the specific steps that the business owner will need to take can be different in each location, typically, the following steps will have to be completed.
Step 1: Choose a Fictitious Business Name
The fictitious name that a business uses should be easy to remember, be unique, or not already in use, and should reflect the goods or services provided by the business.
Step 2: Conducting a Name Search
Business owners should search the names they are considering using to ensure they are not already in use in their area. It is also important that business owners conduct a search of the U.S. Patent and Trademark Office’s (USPTO) database to make sure that the name they are considering is not already trademarked.
Step 3: Name Registration
When a business owner determines the name is not already in use, it should be registered with the appropriate county or state agency. This is handled by the Indiana Secretary of State.
The fictitious name must be filed with the Indiana Secretary of State as well as the County Recorder in every county where the business has a physical location. A corporation or other formal business entity has to file with the Secretary of State.
Sole proprietorships and general partnerships have to file with the County Recorder. It is important to consult with an Indiana attorney when filing a fictitious name to ensure the process is properly completed.
Step 4: Paying Required Fees
In Indiana, the fee for filing a fictitious name is different based on the manner of filing and the type of business. The filing fee online is $20. The filing fee by mail or in person is $30. The fee may increase based on the type of business.
Step 5: Publication of the Fictitious Name
Indiana does not require fictitious names to be published in newspapers. However, it must be registered as discussed above.
The owner also needs to file an Assumed Business Name Certificate if they are operating the business under a name that is different from its legal name.
Step 6: File Proof of Publication
Because there is no publication requirement in Indiana, the owner will not need to file proof of publication.
Step 7: Use the Name Consistently
Once a fictitious name has been registered, it should be consistently used in all of the business dealings in order to avoid legal issues and maintain clarity. The fictitious name should be used on any written documents, advertising, and the online presence of the business.
Step 8: Renewing the Fictitious Name
In Indiana, as long as the business continues to operate and is in good standing, it is not required to renew the fictitious name.
How To Register a Fictitious Name in Indiana
In order to register a fictitious name in the State of Indiana, the owner has to file a Certificate of Assumed Business Name with the appropriate county or state office, depending on the structure of the business as noted above. Information will have to be provided about the business and its owner.
Legal Issues To Consider When Using a Fictitious Name in Indiana
There are numerous legal issues to consider when using fictitious names in Indiana. An Indiana attorney can explain these and other issues in detail.
One of the most important issues is trademark infringement. If a name is too similar to an already trademarked business name, the business may be challenged under trademark laws.
It is also important for business owners to be aware that using a fictitious name does not create a separate legal entity, it is only an alias for the existing entity. This means that the personal assets of the owner may be at risk if issues arise with the business.
Do I Need a Lawyer for Help With Fictitious Name Issues in Indiana?
Yes, it is important to consult with an Indiana business lawyer for any questions or issues regarding fictitious names. Your attorney can assist throughout the process by conducting name searches, ensuring trademark infringement does not occur, and assisting with potential names.
You can use LegalMatch at no cost today to find an Indiana business lawyer in your area who will be able to help you successfully use a fictitious name for your business. Simply complete the online submission process and, often in as little as one business day, licensed and prescreened Indiana business attorneys will respond to your submission.
