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

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Get a DBA Name in Utah

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 Utah. 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 Utah.

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 Utah business.

What is a DBA Name?

A DBA (Doing Business As) name in Utah 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 Utah, and market themselves under a separate name from their legal business name. Registering a DBA name in Utah, 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 Utah, 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 Utah.

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How to Get a DBA Name in Utah

Starting a business in Utah 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 Utah.

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 Utah:

  • 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 Utah 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 Utah Business Name Search is essential to ensure the name is not already used. In Utah, they have an online business name database that you can search, usually found on the Utah Division of Corporations & Commercial Code. 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 Utah, you will need to complete a DBA registration form, which can often be found on Utah Secretary of State website. Utah may require additional documentation, such as proof of business ownership or a business license in Utah.

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 Utah, there are three methods, online, by mail, and in person filing. The cost of filing a DBA is $22. However, renewing your DBA every three years would be best. Sometimes, there may be separate fees for Utah DBA registrations. Be prepared to pay these fees when submitting your registration form.

Step 5: Publish a Notice of Your New DBA Name

Utah 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 Utah or the county agency responsible for DBA registrations.

Step 6: Obtain Any Necessary Permits or Licenses

Depending on your Utah 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 Utah to operate your business legally. This license ensures your business meets local zoning, safety, and regulatory requirements. In Utah, 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 Utah State 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 Utah state board. DBA filing requires professional licenses if you operate under a General Partnership in Utah
  • 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 Utah state or federal environmental agencies.

Step 7: Renew Your DBA Registration as Needed

In Utah, 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 Utah. Here are some important aspects to consider:

  • Renewal or Expiration: Depending on Utah’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 Utah the same as a Trade Name?

Yes, in Utah, 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 Utah may vary depending on the type of business and the state’s specific regulations.

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

No, you do not need to register your DBA (Doing Business As) name in Utah 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 Utah. The IRS is not involved in the DBA registration process.

However, once your DBA is registered in Utah, you may need to obtain an Employer Identification Number (EIN) in Utah 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 Utah Registered Business Name?

If you already have a registered business name in Utah 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 Utah?
A DBA name in Utah is a “doing business as” name used to represent a business that is different from its legal name.
Who needs to file a DBA name in Utah?
Any business that operates under a name that is different from its legal name needs to file a DBA name in Utah.
How do I obtain a DBA name in Utah?
To obtain a DBA name in Utah, you need to file a name reservation form and then file the assumed business name certificate with the Utah Division of Corporations.
How much does it cost to obtain a DBA name in Utah?
The cost to obtain a DBA name in Utah is $22.00.
How long does it take to obtain a DBA name in Utah?
It takes approximately five business days to obtain a DBA name in Utah.
Can I file for a DBA name in Utah online?
Yes, you can file for a DBA name in Utah online.
What happens if I don’t file for a DBA name in Utah?
If you don’t file for a DBA name in Utah, you may be subject to fines and legal action.
Can a sole proprietorship file for a DBA name in Utah?
Yes, a sole proprietorship can file for a DBA name in Utah.
Can a corporation file for a DBA name in Utah?
Yes, a corporation can file for a DBA name in Utah.
Does a DBA name in Utah protect my business name?
No, a DBA name in Utah does not provide any legal protection for your business name.
Can I use a DBA name in Utah without registering it?
No, you cannot use a DBA name in Utah without registering it.
How long does a DBA name registration last in Utah?
A DBA name registration in Utah lasts for five years.
How do I renew my DBA name registration in Utah?
You need to file a renewal statement with the Utah Division of Corporations in order to renew your DBA name registration in Utah.
Can I change my DBA name in Utah?
Yes, you can change your DBA name in Utah by filing a Certificate of Amendment to Assumed Business Name with the Utah Division of Corporations.
Can I use a DBA name in Utah for multiple businesses?
No, each business needs to obtain its own DBA name registration in Utah.
What information do I need to provide when filing for a DBA name in Utah?
You need to provide your legal name, address, and contact information, your desired DBA name, and the nature of your business.
Can I trademark my DBA name in Utah?
Yes, you can register your DBA name as a trademark in Utah.
What is the difference between a DBA name and a trademark in Utah?
A DBA name is an assumed business name used for branding purposes, while a trademark is a legal designation that affords protection against others using your business name.
Can I use a DBA name in Utah for my online business?
Yes, you can use a DBA name in Utah for your online business.
What is the purpose of a name reservation form in Utah?
The purpose of a name reservation form in Utah is to protect a desired business name for up to 120 days while you finalize the paperwork to register your DBA name.
Do I need a name reservation form to file for a DBA name in Utah?
Yes, a name reservation form is required in order to file for a DBA name in Utah.
Can I reserve more than one business name with a single name reservation form in Utah?
No, you can only reserve one business name per name reservation form in Utah.
How long does a name reservation last in Utah?
A name reservation in Utah lasts for 120 days.
Can I cancel a name reservation in Utah?
Yes, you can cancel a name reservation in Utah by submitting a written cancellation request to the Utah Division of Corporations.
What happens if my desired DBA name is already taken in Utah?
If your desired DBA name is already taken in Utah, you will need to choose a different name or use a variation of the name.
Can I use a DBA name in Utah if it is similar to another business’s name?
No, you cannot use a DBA name in Utah if it is similar to another business’s name.
Can I use a DBA name in Utah for my nonprofit organization?
Yes, you can use a DBA name in Utah for your nonprofit organization.
Do I need legal representation to obtain a DBA name in Utah?
No, you do not need legal representation to obtain a DBA name in Utah.
How do I apply for a DBA name in Utah?
To apply for a DBA name in Utah, you must file a trade name registration application with the Utah Department of Commerce.
What is the fee for obtaining a DBA name in Utah?
In Utah, the current fee for a DBA name registration is $22.
Is a DBA name the same as a fictitious name in Utah?
Yes, a DBA name and a fictitious name have the same meaning in Utah.
Can I change my DBA name in Utah after I’ve registered it?
Yes, you can change your DBA name in Utah after registration by filing an amendment form with the Department of Commerce.
How long does it take to get a DBA name registration certificate in Utah?
Typically, it takes about 5-10 business days for the Utah Department of Commerce to process and mail a DBA registration certificate.
Do I need to renew my DBA name registration in Utah?
No, a DBA name registration in Utah is perpetual (meaning it lasts forever) unless the business changes its name or ownership.
What are the requirements to get a DBA name registration in Utah?
The only requirement to obtain a DBA name registration in Utah is that the name must not be identical or deceptively similar to an existing business name.
Can I use my own name as a DBA name in Utah?
Yes, you can use a personal name as your DBA name in Utah.
Can a DBA name in Utah be used by more than one person or business?
No, a DBA name in Utah is unique to each individual or business.
Can I do business under my DBA name before I receive my registration certificate in Utah?
No, you cannot legally do business under your DBA name until you receive your registration certificate from the Department of Commerce.
What happens if someone else registers the same name I want to use as a DBA name in Utah?
The Utah Department of Commerce will reject your application for a DBA name if it finds an existing registration that matches your proposed name.
Do I need to register my DBA name in Utah if I am a sole proprietor?
Yes, even if you are a sole proprietor, you must register your DBA name with the Utah Department of Commerce.
What type of information do I need to include in my DBA registration in Utah?
You need to include your proposed DBA name, your legal name, business location, contact information, and the nature of your business.
Can I use a DBA name that includes the word “Inc.” or “LLC” in Utah?
It depends. Only businesses that have been legally formed as a corporation or limited liability company (LLC) can use those designations in their DBA name.
Will registering a DBA name protect it from being used by someone else in Utah?
No, registering a DBA name in Utah does not provide any protection against another business using a similar name.
Do I need to publish my DBA name in a newspaper in Utah?
No, there is no publication requirement in Utah for DBA name registrations.
Can I register a DBA name for a non-profit organization in Utah?
Yes, non-profit organizations can register DBA names in Utah.
Can a business have multiple DBA names in Utah?
Yes, a business can have multiple DBA names, but each DBA name must be registered separately.
What happens if I don’t register a DBA name in Utah?
If you don’t register your DBA name in Utah, you could be subject to legal penalties for operating under an unregistered name.
Do I need to have a physical office address to register a DBA name in Utah?
No, you can use a mailing address as your business address for your DBA registration in Utah.
Can I apply for a DBA name online in Utah?
Yes, you can submit your DBA registration application online through the Utah Department of Commerce’s website.
Do I need to obtain a Utah state tax ID number for my DBA?
Yes, if you are engaging in business activities that are taxable under Utah law, you will need to obtain a Utah state tax ID number for your DBA.
Does registering a DBA name give me the legal rights to that name in Utah?
No, registering a DBA name in Utah does not provide any legal rights to protect it from being used by someone else.
Can I cancel my DBA registration in Utah?
Yes, you can voluntarily cancel your DBA registration in Utah by filing a cancellation form with the Department of Commerce.
Will the state of Utah automatically protect my DBA name from copyright infringement?
No, register your DBA name with the Utah

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Conclusion

Getting a DBA name in Utah 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 Utah and enhance your business’s credibility and recognition in the market. Remember to stay up-to-date with Utah’s rules and regulations surrounding DBA names, and maintain your registration to ensure your business remains compliant.

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