Understanding the Difference Between Trade Name and Fictitious Name in Ohio

What is the difference between a trade name and a fictitious name in Ohio?
(1) “”””Trade name”””” means a name used in business or trade to designate the business of the user and to which the user asserts a right to exclusive use. (2) “”””Fictitious name”””” means a name used in business or trade that is fictitious and that the user has not registered or is not entitled to register as a trade name.
Read more on codes.ohio.gov

There are a number of legal regulations that entrepreneurs must follow when opening a business in Ohio. One of these prerequisites entails choosing a company name. The terms “trade name” and “fictitious name” are sometimes used interchangeably by business owners, although they are not the same thing. To prevent legal problems and adhere to state rules in Ohio, it is essential to understand the distinction between these two phrases.

Trade Name as opposed to Fictitious Name

A firm or company is identified by its trade name. It refers to a company’s name as it appears on contracts and other official records. The business is identified in all legal proceedings by its registered trade name, which is filed with the Ohio Secretary of State. Additionally, it is utilized to open bank accounts, file taxes, and get licenses.

On the other side, a fake name is a name that a business uses that is different from its legal name. It is also referred to as a “doing business as” (DBA) name. A fake name enables firms to operate under a different name than their legal identity and is used for branding and marketing purposes. Using the fictional name “John’s Plumbing” as an example, John Smith, who runs a company under the legal name “Smith Enterprises LLC,” is allowed to advertise his services.

Could two companies share the same DBA name?

No, in Ohio, two companies cannot share the same DBA name. To prevent name duplication, the Ohio Secretary of State mandates that businesses register their DBA name. This safeguards the companies’ trademarks and intellectual property while preventing customer confusion. How many DBAs is an LLC permitted to have in Ohio?

There are no limitations on how many DBAs a limited liability corporation (LLC) may have in Ohio. However, each DBA name must adhere to state regulations and be registered with the Ohio Secretary of State. In Ohio, how can I obtain an EIN number?

You can submit an online application through the Internal Revenue Service (IRS) website to obtain an Employer Identification Number (EIN) in Ohio. To receive an EIN, you must supply your company name, address, and other details. Businesses that employ people, conduct business as a partnership or corporation, or that are required to file specific tax returns must obtain an EIN. Does Ohio Require That I Register My Business?

Yes, the Ohio Secretary of State must receive a registration form from every firm operating in Ohio. Businesses that are registered in other states but conduct business in Ohio are also included in this. To conduct business legally in Ohio, proprietors must adhere to all federal, state, and municipal rules and regulations.

In conclusion, it is crucial for business owners launching a company in Ohio to comprehend the distinction between trade names and fictitious names. The Ohio Secretary of State must be contacted in order for business owners to register their trade name and fictitious name. To conduct business lawfully in Ohio, they must also register their company and receive an EIN.

FAQ
Moreover, what is better llc or sole proprietorship?

The decision between an LLC and a sole proprietorship depends on a number of variables, including personal liability, taxes, legal requirements, and business objectives. Due to the limited liability provided by an LLC, the business owner’s personal assets are safeguarded in the event of legal action or financial obligations. However, a sole proprietorship does not offer the owner’s personal assets the same level of protection. The sole proprietorship, however, may pay less taxes and is relatively simpler to establish and maintain. The choice between an LLC and a sole proprietorship ultimately comes down to the specific demands and circumstances of the business owner. To choose the appropriate course of action for your particular circumstance, it is advised that you speak with a legal or financial professional.

How do I get a DBA certificate?

The Ohio Secretary of State’s office must receive a registration form before you may obtain a DBA certificate there. This document is referred to as the “Registration of Fictitious Name.” You will be required to supply details about your company, such as your legal name, the name you intend to use, and the nature of your operations. You must submit the registration form and pay a charge, and you must renew your registration every five years. A DBA certificate will be issued to you once the registration paperwork and fee have been submitted, enabling you to use your business name lawfully in Ohio.

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