If you’re an entrepreneur in Mississippi, you may not wish to use your business’s full legal name for all of your company’s activities. If so, a “doing business as” (DBA) name could be a helpful branding tool, allowing you to conduct your small business under a different title.
A “doing business as” or DBA name allows businesses to operate under a different name other than the name listed on their formation paperwork. DBA names are typically used when you want to use multiple names for one business, or if you are a sole proprietor wanting to be recognized as something other than your legal name.
Read on to find out why it’s highly recommended that you register your DBA name even though it’s optional in the state of Mississippi, and how we can help make the process easier.
To put it simply, a DBA name is an alias for a business. It does not form another business entity, nor does it affect how a business is taxed. But it allows business owners to create and register an assumed name for their businesses. A DBA name also does not replace the name of the business; instead, it acts as an additional name for it.
In Mississippi, a DBA name is referred to as a “fictitious name.” Unlike other states, Mississippi does not legally require businesses to register their DBA names. So, why should you voluntarily register your DBA name? Here are some reasons outlined in the Mississippi Fictitious Business Name Registration Act:
Why would a business use a fictitious name? There are two categories of businesses that primarily use DBA names:
Other benefits and advantages of registering a DBA name include:
Choose a Mississippi fictitious name that represents your business and how you want your brand to be perceived. It’s also advisable to keep it simple and easy to remember. If you need to explain your name to customers, it is not serving you well.
Even though the state of Mississippi will not refuse the registration of a fictitious name similar to another already in use, it is in your best interest as a business owner to make sure your brand stands out. You don’t want to share a name with a business with a bad reputation or share a name with a business offering the same products or services. Both scenarios will not help you establish your brand and grow your business.
You should also be aware of Mississippi naming requirements, such as:
The Secretary of State may allow registration of a DBA name that includes a prohibited term if, in the Secretary of State’s sole discretion, the term is not misleading.
Before you register your preferred DBA name, search Mississippi’s online business database to check if it’s already in use. The state does not offer exclusive rights to own or use a DBA name. Also, a fictitious name registration does not override trademarks, service marks, or other name rights previously acquired by other business owners with the same name.
So, having learned all that, if you want exclusive rights to your name, your next stop should be the United States Patent and Trademark Office (USPTO). Use the database to confirm that no other company has trademarked the name you want to use.
The state of Mississippi requires all business documents to be filed through its online filing system. Below is a breakdown of the steps you will encounter online.
The state of Mississippi does not have publication requirements for DBA name registration, which means you can start using your fictitious name as soon as you receive approval. But to be able to continue using your DBA name, you still need to adhere to requirements, such as:
Our team of experts is here for you no matter what you may need for your small business. If your Mississippi business is still in the formation phase, our LLC Formation Services or Corporation Formation Services can help you get started.
Fees are subject to change over time. Check the Secretary of State’s website for the most current fee schedule regarding DBA registration and renewal.
Costs may also vary at the county level for those needing to file for a sole proprietorship or partnership but tend to be minimal.
Processing times can vary depending on whether you file at the state or county level and whether you file online or by mail. In general, filing online will always be faster than filing by mail.
DBA names are not strictly required but can be extremely useful. If you are a sole proprietor or partnership, you cannot legally conduct business under a name other than your personal name(s) without a DBA name. Filing a DBA name lets you name your business separate from yourself.
For LLCs, corporations, and other business types, DBA names allow you to operate portions of your business under different names or to drop your designator or shorten your business’s legal name in a way that makes it catchier or more memorable.
As a general rule, DBA names are not exclusive. This means another business may use the same name if they so choose. If you would like to keep your business name unique and prevent others from using it, you should seek trademark or copyright protection.
There is no limit to the number of DBA names that a business may file. Some businesses just want a single alternative name, while others might find it useful to have dozens of names to separate different portions of their business.
For example, if your business is a statewide Alzheimer’s association, you may want to brand the branches of it by region, such as “The Alzheimer’s Association of Springfield,” and so on.
Yes, a DBA name is just another word for a fictitious name when it comes to Iowa businesses. However, it’s important to note that Iowa makes a distinction between “trade name” as a DBA name for a sole proprietorship or partnership and usually reserves a “fictitious name” for registered business types.
If you plan on doing business only under your exact, legal, personal name, you do not need a DBA name as a sole proprietor. However, if you want to conduct business under any variation of your legal name or another name, or want to add any words to your name in your business title, you will need to register a DBA name with your local county.
A DBA name has no effect on how your business is taxed at the state, local, or federal level. It is simply just an alternative name for your business. All of the laws regarding the taxing and other legalities of your business will be associated with your business type. A DBA name is not a business type, but simply a label. As an analogy, consider that changing a person’s name does not change the laws that apply to them. The same is true of DBA names and businesses.
Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.
Fees are subject to change over time. Check the Secretary of State’s website for the most current fee schedule regarding DBA registration and renewal.
Costs may also vary at the county level for those needing to file for a sole proprietorship or partnership but tend to be minimal.
Processing times can vary depending on whether you file at the state or county level and whether you file online or by mail. In general, filing online will always be faster than filing by mail.
DBA names are not strictly required but can be extremely useful. If you are a sole proprietor or partnership, you cannot legally conduct business under a name other than your personal name(s) without a DBA name. Filing a DBA name lets you name your business separate from yourself.
For LLCs, corporations, and other business types, DBA names allow you to operate portions of your business under different names or to drop your designator or shorten your business’s legal name in a way that makes it catchier or more memorable.
As a general rule, DBA names are not exclusive. This means another business may use the same name if they so choose. If you would like to keep your business name unique and prevent others from using it, you should seek trademark or copyright protection.
There is no limit to the number of DBA names that a business may file. Some businesses just want a single alternative name, while others might find it useful to have dozens of names to separate different portions of their business.
For example, if your business is a statewide Alzheimer’s association, you may want to brand the branches of it by region, such as “The Alzheimer’s Association of Springfield,” and so on.
Yes, a DBA name is just another word for a fictitious name when it comes to Iowa businesses. However, it’s important to note that Iowa makes a distinction between “trade name” as a DBA name for a sole proprietorship or partnership and usually reserves a “fictitious name” for registered business types.
If you plan on doing business only under your exact, legal, personal name, you do not need a DBA name as a sole proprietor. However, if you want to conduct business under any variation of your legal name or another name, or want to add any words to your name in your business title, you will need to register a DBA name with your local county.
A DBA name has no effect on how your business is taxed at the state, local, or federal level. It is simply just an alternative name for your business. All of the laws regarding the taxing and other legalities of your business will be associated with your business type. A DBA name is not a business type, but simply a label. As an analogy, consider that changing a person’s name does not change the laws that apply to them. The same is true of DBA names and businesses.
Mississippi Business Resources
Most Popular States to Get a DBA Name
When it comes to compliance, costs, and other factors, these are popular states for filing a DBA.
Ready to Start Your Mississippi LLC?