Can Two Businesses Have the Same DBA Name in Florida?

Can two businesses have the same DBA name in Florida?
Setting Up a DBA in Florida. No two business can have the same, or similar, names. This means the first step in filing a DBA is to search the Fictitious Name database to check if the desired trade name is available. If it is, then the filer may proceed to the registration process.
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A DBA (Doing Business As) name is a made-up name that a company employs in Florida instead of its official name. A trade name or an assumed name are other names for it. Corporations, partnerships, and sole proprietors frequently utilize DBA names to carry on business under a moniker other than the owner’s. The issue of whether two businesses in Florida can share the same DBA name does, however, come up. The response is no. In Florida, two firms cannot share the same DBA name. DBA names must be registered with the state of Florida through the Division of Corporations of the Florida Department of State. The DBA name that a company registers is cross-referenced against names that are already in the state’s database. The company will have to select a different name if the first option is already taken.

A DBA name does not expire in Florida, either. A DBA name that has been registered by a company is valid until it is changed or canceled by the company owner. It is crucial to remember that a DBA name offers neither legal protection nor trademark rights. Therefore, to prevent others from using their business name, a business owner should think about registering a trademark for it.

A registered agent in Florida is a person or organization chosen to accept legal paperwork on behalf of a company. In Florida, a company owner can serve as their own registered agent, although it is strongly advised to use a reputable registered agent service. In order to receive legal documents, a registered agent must have a Florida physical address and be accessible during regular business hours. Employing a seasoned registered agent service guarantees that the business owner won’t overlook any crucial legal paperwork.

All businesses in Florida must register with the government. Corporations, partnerships, LLCs, and single proprietorships are all included in this. In order to register a business in Florida, the necessary documentation must be submitted to the Division of Corporations of the Florida Department of State. Depending on the sort of company entity being registered, different documents will be needed. Fines and legal repercussions may follow failure to register a business in Florida.

A separate bank account is not necessary if you use a DBA name. However, it is wise for a company to open a different bank account specifically for their DBA name. This makes an accurate record of the company’s financial transactions and helps to keep spending and income distinct from the owner’s personal affairs.

In Florida, two companies cannot share the same DBA name. In Florida, a DBA name is perpetual, but it offers no legal safeguards or trademark rights. In Florida, a company owner can serve as their own registered agent, however it is advised to choose a reputable registered agent service. Florida mandates that all enterprises register with the state. Even if a DBA name does not necessitate a separate bank account, it is still wise to keep spending and income apart.

FAQ
What is the proper way to write your legal name for DBA?

In Florida, registering a fictitious name with the Florida Department of State is the correct way to use your legal name for DBA (Doing Business As) purposes. The business owner’s name and the preferred DBA name must be included in the Fictitious Name registration. It is significant to remember that Florida prohibits two companies from using the same DBA name because it may constitute trademark infringement. Thus, it is essential to carry out a comprehensive search of already-registered DBA names before registering a fictitious name.

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