Is DBA/fictitious name required even after filing service mark to drop the corporate suffix, such as "Inc"?

Anonymous Jan 16, 2012 Bankruptcy and Debt 2 views 1 answers

Should a C corporation file for DBA/fictitious name, just to use its name without the corporate suffix, such as "Inc" even after filing for federal service mark/trademark? for example, did Facebook have to file for DBA/fictitious name in Delaware (the state it was incorporated in) in order to use the name "Facebook" in its marketing messages, or legal documents instead of "Facebook, Inc."? or do they use "Facebook, Inc." in legal documents, but "Facebook" in marketing? And if DBA is required to drop the suffix, in which state should DBA be filed? the C corporation is incorporated in Delaware, but will be a foreign entity in California in few months (currently HQ in Pennsylvania). This business operates online and has a website. It does marketing for companies through out US... Thanks

Attorney Answer

1

Bryant Martin

Bryant Martin · Jun 15, 2026

In DE you are required to use a corporate suffix on a corp, unless you get a waiver. In CA a corp must file a fictitious name and publish if it uses a “name other than the corporate name stated in its articles.” Since the suffix is part of the name, publication would be necessary to operate in CA. The publication is ordinarily required in the county where the corp has its principal place of business, i.e., in a county in PA. You may also need to qualify as a foreign corp in CA if you have an office here. Trademark publication is not a valid substitute for fictitious name requirements, because that is not where people look for fict names.

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