Do I need a DBA if I have registered an LLC as "Joe's Auto Repair, LLC." but want to advertise as "JAR Services" or just "JAR"?

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For instance International Business Machines uses IBM and American Insurance Group uses AIG.

Attorney Answers

4
Daniel Woodring ·
You would generally need to register a fictitious name or DBA.
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Phillip Gunthert ·
Take a look at Florida Statute 865.09, this will clarify your DBA (Fictitious Name) questions. To answer your question, yes, in order to advertise under JAR, you will need and want to register it as a DBA name, decide which one you want to use and register it. Note: this does not protect or give you exclusive rights to that name.
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Larry Bray ·
You will want to register "JAR" as a DBA if you hold your company out as having that name. The reason for wanting to do this is to protect your personal liability. If you hold yourself out as "JAR", then if someone wants to sue the business for any reason, and if you have not registered the name under your LLC, then the claimant can take the position that you personally are conducting business as "JAR" as there is nothing on record indicating that your LLC is really JAR. "JAR" itself is just a name, it is not an entity or being that can be sued. So if someone wants to sue JAR, they would need to know who JAR really is. Unless you have registered the name as owned by your LLC, then you personally are exposed under the theory that it is you who conducts business as JAR. By registering the name as owned by your LLC, you personally are not at risk since you have put the world on notice that "JAR" is really "Joe's Auto Repair, LLC. Then only the entity is exposed. Please note however, that registering "JAR" as a dba will prevent someone else from getting that name as a dba within the state but it does not give you trademark protection. I hope that this is helpful.
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