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When exactly is it appropriate to file a DBA?

Business 3 views 2 answers
I have an LLC in PA. I have a division of that LLC that has a different name. I solely use the second name for a separate website, marketing and training materials. I also use only the second name for legalese on the site such as the Terms of Agreement and Privacy Policy. I use the actual LLC name in the copyright at the bottom of every page on the website. Do I need to file a DBA for the second name? Or is just placing the name in the copyright on every page enough? In other words it says "©2011 XXXXXXXXXX, a division of YYYYYYYYYY LLC." Or could I simply say, "©2011 XXXXXXXXXX, a trademark of YYYYYYYYYY LLC."? Please advise as to the parameters of whether or not a DBA filing is necessary or if there are simply changes I could make to avoid it. Many thanks.

Attorney Answers

2
Vadim Alden ·
Based on what you describe, you should get a DBA. Many states require you to get a DBA to avoid confusion, enforce contracts, trademarks, etc. Although not always required for corporations, it may be required in PA for LLCs, especially if you are using the second name interchangeably with the registered company. Contracts entered into under a different/second name may be difficult to enforce without a DBA. Contact or visit your local county clerk's office and ask about the specific requirements and fees to obtain a DBA for your LLC. It's usually not too difficult or expensive. Vadim Alden, Esq. Alden Law PC A Professional Corporation t. (415) 547-0501 - San Francisco t. (925) 385-0329 - Lafayette f. (925) 237-8279 http://www.aldenlawpc.com Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on as such, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal query without a comprehensive consultation and a review of all the facts and documents at issue. This answer does not create an attorney-client relationship. Vadim Alden is a licensed California attorney, and all answers relate to California law unless specified otherwise.
0 upvotes
Michael Brooks ·
Law Offices Michael J. Brooks, Esquire (215) 230-3761 [email protected] “Perspective from the Legal Vantage Point” www.Law-Brooks.com Disclaimer: Please note you should not rely upon the information provided herein as legal advice. It is for general informational purposes only. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the fact specific circumstances of a particular legal matter, and then to apply or research the relevant law. A fictitious name is any assumed name, style or designation other than the name as filed by the entity using such name. In Pennsylvania the use of fictitious names is governed by the Fictitious Names Act of 1982, (54 Pa.C.S. Section 301 et seq.). Any entity which conduct(s) any business in Pennsylvania under an assumed or fictitious name shall register such name by filing an application for registration of fictitious name. Further, if someone violates your intellectual property rights, such as your trademarks or copyrights you may not be able to maintain an action against them as under the Pennsylvania Fictitious Names Act, 54 Pa. Cons. Stat. Ann. § 331(a), as a party with a nonregistered fictitious name is not allowed to maintain any action in any court .
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