How to Get a DBA Name in Oklahoma | A Step-By-Step Guide


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Get a DBA Name in Oklahoma

Have you ever wondered how to get a DBA for your Limited Liability Company? If you have, then you are on the right page. Doing Business As (DBA) names, also known as trade names, fictitious names, or assumed names, are an essential aspect of businesses in Oklahoma. A DBA name allows companies to operate under a name different from their legal business name since it is important for branding, marketing, and legal purposes. In this article, we will provide a comprehensive guide to getting a DBA name in Oklahoma.

Through thorough research and market study, Webinarcare Editorial Team will help you learn about the DBA name. It would be best to cross-check all the factors before obtaining one for your Oklahoma business.

What is a DBA Name?

A DBA (Doing Business As) name in Oklahoma is a name under which a business operates that is different from its legal name. It is also known as a trading, fictitious, or assumed name. A DBA name allows companies to start a limited liability company in Oklahoma, and market themselves under a separate name from their legal business name. Registering a DBA name in Oklahoma, provides businesses with branding, marketing, and legal benefits while also helping to prevent other businesses from using the same or a similar name within the state.

Example of a DBA

A DBA (Doing Business As) example can be illustrated through a fictional scenario involving a sole proprietor named John Smith. Let’s say John owns a bakery business and wants to operate it under a different name rather than using his name.

Legal Business Name: John Smith (sole proprietor)

DBA Name: Sweet Treats Bakery

In this case, John would register “Sweet Treats Bakery” as his DBA name. By doing so, he can legally conduct his bakery business using the name “Sweet Treats Bakery” for branding, marketing, and legal purposes, instead of using his name, John Smith. This allows John to establish a professional identity for his bakery and distinguish it from other businesses.

If you start an LLC in Oklahoma, registering a DBA name is important when it comes to remembering your business. However, it is best to consult with a legal professional before you begin registering your DBA name. This is to ensure that your business name is available in Oklahoma.

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How to Get a DBA Name in Oklahoma

Starting a business in Oklahoma can be exciting and challenging. One crucial step in establishing your business’s identity is choosing and registering a Doing Business As (DBA) name. Here are the steps to get a DBA in Oklahoma.

Step 1: Choose a Unique and Appropriate Name

The first step in registering a DBA name is selecting a unique and appropriate name for your business. Your chosen name should be easy to remember and represent your business’s products or services. 

Consider the following tips when choosing a DBA name in Oklahoma:

  • Avoid using names too similar to existing businesses, as this may lead to confusion and potential legal issues.
  • Stay away from names that may be considered offensive or misleading.
  • Research Oklahoma naming requirements, as some have specific restrictions on what words and phrases can be included in a business name. 

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Step 2: Conduct a Name Search

Once you have chosen a suitable name for your business, conducting Oklahoma Business Name Search is essential to ensure the name is not already used. In Oklahoma, they have an online business name database that you can search, usually found on the Oklahoma Secretary of State Business Entity Search . Sometimes, you may also need to check with your local county clerk’s office to ensure the name is not already used at the county level.

If your chosen name is already in use, select a different name and repeat the search until you find an available name.

Step 3: Register the DBA Name

After confirming that your chosen name is available, the next step is registering your DBA name with the appropriate state or county agency. In Oklahoma, you will need to complete a DBA registration form, which can often be found on Oklahoma Secretary of State website. Oklahoma may require additional documentation, such as proof of business ownership or a business license in Oklahoma.

When filling out the registration form, provide accurate and complete information. Any errors or omissions may lead to delays in processing or even the rejection of your application.

Step 4: Pay the Registration Fee

A fee is typically associated with registering a DBA name. In Oklahoma, there are two methods, by mail and in person. The cost of filing a DBA is $25. Sometimes, there may be separate fees for Oklahoma DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

Oklahoma requires you to publish a notice of your new DBA name in a local newspaper. This step will inform the public of your intention to operate under a fictitious name. 

The notice must typically include your DBA name, legal business name, business address, and owner’s name. You may need to provide proof of publication to Oklahoma or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Oklahoma business’s nature and location, you may need additional permits or licenses to operate under your DBA name.

The permits and licenses required for your business will depend on your business’s nature, location, and local and state regulations. Here are some common types of permits and licenses that might be required when operating under a DBA:

  • Business License: A general business license may be required in Oklahoma to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Oklahoma, the costs of obtaining a business license range from $50 – $300.
  • Sales Tax Permit: If your business sells taxable goods or services, you may need a Sales Tax Permit from Oklahoma Tax Commission.
  • Professional Licenses: Depending on your business type, you may need specific professional licenses or certifications. For example, if you are operating a restaurant, you may need a food handler’s permit; if you offer professional services such as accounting or legal services, you may need a professional license from Oklahoma state board. DBA filing requires professional licenses if you operate under a General Partnership in Oklahoma
  • Health and Safety Permits: Businesses in certain industries, such as food service, may require health and safety permits to ensure compliance with state and local regulations.
  • Zoning Permits: Depending on your business location and the type of business you are operating, you may need a zoning permit from your local planning or zoning department.
  • Environmental Permits: If your business involves activities that could impact the environment, you may need permits from Oklahoma state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Oklahoma, you are required to renew your DBA registration periodically. This renewal process may involve completing a renewal form, paying a renewal fee, and sometimes republishing the notice of your DBA name. Stay up-to-date with your state’s renewal requirements to maintain your DBA name and avoid penalties.

Maintaining the DBA Name

Once your DBA name is registered and published, it is essential to maintain it to remain in good standing with Oklahoma. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on Oklahoma’s regulations, your DBA name registration may expire or need to be renewed periodically. Keep track of these deadlines to avoid losing your DBA name.
  • Updating Business Information: If your business undergoes significant changes (such as a change in ownership or address), you may need to update your DBA name registration with the appropriate agency.
  • Canceling or Discontinuing the DBA Name: If you decide to stop using your DBA name or close your business, notify the appropriate agency and follow any required procedures for canceling or discontinuing the name.

Is a DBA in Oklahoma the same as a Trade Name?

Yes, in Oklahoma, a DBA (Doing Business As) is the same as a trading name. Both terms refer to a name under which a business operates differently from its legal name. A DBA or trade name allows companies to conduct business and market themselves using a different name from their legal business name. Other terms for DBA or trade name include fictitious name and assumed name. Registering a DBA or trade name in Oklahoma may vary depending on the type of business and the state’s specific regulations.

Do I need to register my Oklahoma DBA in the Internal Revenue Service?

No, you do not need to register your DBA (Doing Business As) name in Oklahoma with the Internal Revenue Service (IRS). The registration of a DBA is typically done at the state or local level, depending on the specific regulations of Oklahoma. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Oklahoma, you may need to obtain an Employer Identification Number (EIN) in Oklahoma from the IRS if your business has employees, operates as a corporation or partnership, or meets certain tax-filing requirements.

Do I need to file for a DBA if I already have Oklahoma Registered Business Name?

If you already have a registered business name in Oklahoma and you plan to conduct business using that exact name, you do not need to file for a DBA (Doing Business As). A DBA is required when a business wants to operate under a name different from its legal business name. 

However, you must file for a DBA if you have a registered business name and wish to conduct business under a different name. This applies to sole proprietorships, partnerships, limited liability companies (LLCs), and corporations that intend to use a name other than their legally registered name.

FAQs

What is a DBA name in Oklahoma?
A DBA or “doing business as” name is a name that a business uses instead of the owner’s true name.
How can I file for a DBA name in Oklahoma?
You can file for a DBA name in Oklahoma at any County Clerk’s office.
Do I need to have a registered business in Oklahoma to be able to file for a DBA name?
Yes, you need to have a registered business in Oklahoma to file for a DBA name.
Is there a fee for filing a DBA name in Oklahoma?
Yes, there is a fee for filing a DBA name in Oklahoma. The fee varies by county.
Can I check if a DBA name is taken in Oklahoma?
Yes, you can check if a DBA name is taken in Oklahoma online at the Oklahoma Secretary of State’s website.
How long does it take to get a DBA name in Oklahoma?
It takes about 5-7 business days to get a DBA name in Oklahoma.
Can I file for a DBA name online in Oklahoma?
No, you cannot file for a DBA name online in Oklahoma. You have to file in person.
What type of businesses are required to file for a DBA name in Oklahoma?
Generally, sole proprietors and partnerships are required to file for a DBA name in Oklahoma.
Do I need a separate EIN for my DBA name in Oklahoma?
No, you don’t need a separate EIN for your DBA name in Oklahoma. You can use your existing EIN.
Can I use my DBA name to open a bank account in Oklahoma?
Yes, you can use your DBA name to open a bank account in Oklahoma.
Do I need a business license to file for a DBA name in Oklahoma?
No, you don’t need a business license to file for a DBA name in Oklahoma.
Can I update my DBA name in Oklahoma if I need to change it later?
Yes, you can update your DBA name in Oklahoma if you need to change it later.
How long is my DBA name valid in Oklahoma?
Your DBA name is valid as long as you continue to do business using that name.
Can someone else use my DBA name in Oklahoma?
No, someone else cannot use your DBA name in Oklahoma. It is protected by law.
What happens if I operate under a DBA name in Oklahoma without registering it?
You could be subject to fines and legal action if you operate under a DBA name in Oklahoma without registering it.
Can I use a DBA name if I have a corporation or LLC in Oklahoma?
Yes, you can use a DBA name if you have a corporation or LLC in Oklahoma.
Can I trademark my DBA name in Oklahoma?
Yes, you can trademark your DBA name in Oklahoma.
Do I need to publish my DBA name in an Oklahoma newspaper?
No, you don’t need to publish your DBA name in an Oklahoma newspaper.
Can I transfer my DBA name to another person in Oklahoma?
Yes, you can transfer your DBA name to another person in Oklahoma.
Can I remove my DBA name in Oklahoma?
Yes, you can remove your DBA name in Oklahoma if you no longer wish to use it.
Can I have multiple DBA names for one business in Oklahoma?
Yes, you can have multiple DBA names for one business in Oklahoma.
Do I need to renew my DBA name registration in Oklahoma?
No, you don’t need to renew your DBA name registration in Oklahoma.
Can a foreign entity register for a DBA name in Oklahoma?
Yes, a foreign entity can register for a DBA name in Oklahoma.
What are the requirements for selecting a DBA name in Oklahoma?
Your DBA cannot be a currently registered business name in Oklahoma, and it must not contain any words that suggest it is affiliated with a government agency or charity.
Do I have to file for a DBA name in every county where I do business in Oklahoma?
No, you only need to file for a DBA name in the county where your business is located.
Can I register a trademark and a DBA name in Oklahoma simultaneously?
Yes, you can register a trademark and a DBA name in Oklahoma simultaneously.
What happens if my DBA name in Oklahoma is the same as someone else’s?
You may need to choose a different name if your DBA name in Oklahoma is the same as someone else’s.
Can I use my DBA name to sell goods and services online in Oklahoma?
Yes, you can use your DBA name to sell goods and services online in Oklahoma.
Can I use my DBA name for an out-of-state company that does business in Oklahoma?
Yes, you can use your DBA name for an out-of-state company that does business in Oklahoma. However, you must still register the name in Oklahoma.
What is a DBA name?
A trade name or fictitious name that a company or sole proprietor uses for public business purposes.
Why would I need a DBA name in Oklahoma?
If you are conducting business under a name that does not include your legal name, then you will need to file for a DBA.
Is a DBA the same as an assumed business name?
Yes, an assumed business name is another term for a DBA.
Can I use my personal name as a DBA?
If your legal name includes your full first and last name, then you don’t need to register a DBA name in Oklahoma.
How do I file for a DBA name in Oklahoma?
You will submit a trade name application with the Secretary of State.
Do I have to register my DBA name with every county in Oklahoma where I will do business?
No, you only need to register with the Secretary of State.
Does filing for a DBA name protect my business name?
No, registration for a DBA name does not provide any legal protections.
How long does it take to process a DBA application in Oklahoma?
It may take a few days to a week to process your application and have your DBA name approved.
What information do I need to include on my DBA application in Oklahoma?
You will need to provide your proposed trade name, your business entity type, your business address, the date of your first use of the name, and some other identifying information.
Is there any reason why my DBA application in Oklahoma would be rejected?
Yes, your application could be rejected if the proposed trade name conflicts with another registered business in Oklahoma, sounds too similar to another registered business name, or implies a government affiliation.
Do I need to renew my DBA registration in Oklahoma?
Yes, you will need to renew your registration every five years.
How much does it cost to file for a DBA name in Oklahoma?
The fee to file a DBA name in Oklahoma is $25.
Can I register a DBA name for a non-profit organization in Oklahoma?
Yes, non-profits can file for a DBA name.
Can I have multiple DBA names in Oklahoma?
Yes, each additional name will require a separate application and filing fee.
What happens if I use a trade name that is unregistered?
You risk losing your ability to sue to protect your brand and you run the risk of being sued by those who may have legally registered the name.
Do I need to include the words “DBA” or “doing business as” in my DBA name?
No, you do not need to include “DBA” or “doing business as” in your registered trade name.
Can I transfer ownership of my DBA name registration to another person or business entity in Oklahoma?
Yes, a registered assumed business name may be transferred from one owner to another.
Can I file a DBA registration online in Oklahoma?
Yes, you can register your DBA name online through the Oklahoma Secretary of State website.
When do I start using my DBA name in Oklahoma?
After you have received approval from the Secretary of State and your application has been processed.
Can I operate in multiple states with the same DBA name in Oklahoma?
No, you must file for a DBA name in each state where you’ll be doing business.
Can a registered DBA be used solely for intellectual property purposes?
No, a DBA registration is for businesses that are looking to market or brand their name.
Can a business entity have several registered DBA names doing business at once in Oklahoma?
Yes, a business entity can register multiple trade names under which it can choose to conduct certain types of ‘Doing Business As’ operations.
Who is responsible for filing for a DBA name in Oklahoma for a business?
The legal owner of the business is responsible for filing for a DBA name.
If I’m operating a business out of my home in Oklahoma, can I still register for a DBA?
Yes, you can register for a DBA name.
Do I have to put my DBA name on all of my business advertising and correspondence in Oklahoma?
Yes, you should use your registered DBA name consistently on all marketing materials for that type of business.
Can I use a name that’s already trademarked as my DBA name in Oklahoma?
It’s best not to use a trademarked name for your DBA name to avoid facing a trademark lawsuit.
How can I find out if my DBA name is already in use by another business in Oklahoma?
You can search the Oklahoma Secretary of State database to see if the name is already being used.
Are foreign entities allowed to file for a DBA name in Oklahoma?
Yes, foreign entities can apply for a DBA name in Oklahoma, however the state may require additional documentation.
Can I operate under my DBA name immediately after submitting my application in Oklahoma?
No, you should wait until your application has been processed, and you have received approval from the Secretary of State before using the name.

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Conclusion

Getting a DBA name in Oklahoma is crucial for many businesses, providing branding, marketing, and legal benefits. By following the steps outlined in this comprehensive guide, you can successfully register a DBA name in Oklahoma and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Oklahoma’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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