How To Get a DBA in Massachusetts

If you own a business and would like to use a different name than your legal business name, you will need to register a DBA name, also called an assumed name, fictitious business name, or trade name. 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.

Although we don’t currently offer DBA registration in the commonwealth, this guide will cover the basics of what a DBA name is, the rules for choosing one, and registering it in Massachusetts.

How do I register a Massachusetts DBA name?

In Massachusetts, you must register your DBA name at the local level. For this reason, the exact guidelines for registering your business’s DBA name can vary. The steps below are a general guideline for registering a Massachusetts DBA name. 

1. Obtain a DBA certificate from the office of the clerk for the city or town in which you operate your business. 
2. Enter the full name and residence of every owner of the business on the registration form. 
3. The certificate must include the street and number, where, and the title of the business. 
4. Pay a fee of $1 to file the certificate. 
5. All business owners must sign the certificate in the presence of someone authorized to take oaths in your city or town. In some cases, you will have to provide proof of your identity. 

Remember, you are required to register a DBA name in every town or city in which you conduct business in Massachusetts. This means that if you conduct business in multiple towns, you will need to complete and file your DBA name certificate in each of the cities or towns you operate. Additionally, you must pay the filing fee and renew your DBA name in each city or town every four years.

What is a Massachusetts “doing business as” (DBA) name?

A DBA name enables your business to operate under a different name than its formal business name or your personal name. However, it is not considered a separate business entity. For this reason, there are no additional taxes after you’ve registered the DBA name. 

By registering a DBA name, as it’s referred to in Massachusetts, you ensure that your business is compliant with state laws. In Massachusetts, any person conducting business using anything other than their legal name must register a DBA name in the city clerk’s office or the town clerk where the business operates. 

If a business operates under another name that isn’t registered, they could face repercussions. In fact, any violations are punishable by a fine of no more than $300 for every month that the violation continues. 

There are two categories of businesses that typically seek DBA names: 

• Sole proprietorships and partnerships: By registering a DBA name, these business types can have a legal business name that isn’t the owner’s legal name. Without a DBA name, businesses with these structures must go by the owner’s legal name. 
• Corporations and limited liability company (LLC): By registering a DBA name, these business types can operate under a name that drops entity designators, such as “LLC” or “Corp.” In addition, a DBA name allows these businesses to have more flexible branding when releasing new product lines. 

Aside from the legal compliance standpoint, registering a DBA name in Massachusetts offers small businesses additional benefits:

• Business bank accounts: After registering a DBA name, you will be able to use the DBA name to set up a business bank account. 
• Credibility: A registered DBA name adds credibility to your business for several reasons. By having a business name that is different from your personal name, you add credibility to the name because it will be public record. Additionally, you will be able to show customers what your business offers by using the DBA name to clearly identify the services or goods that your business provides. 
• Simple registration: Registering for a DBA name is one of the least expensive and easiest ways to claim your business name. 
• Branding: Launch brands and products to different customer groups with unique names by registering DBA names. Since you can register multiple DBA names with your business, you can have as many product lines as needed. 
• No additional taxes: DBA names act as alternative names and do not require additional tax filings.
• Ability to operate multiple businesses: DBA names allow businesses to operate multiple related businesses without forming distinct business entities. 

How do I choose a Massachusetts DBA name?

A DBA name should inform customers about what you do and clearly communicate the purpose of your business. In short, a good DBA name should help your business define its brand and form a public image that matches your values and business identity. Once you’ve picked a DBA name that helps curate your brand identity, you should register a domain name.

Luckily, it’s easy to find any businesses operating under your preferred DBA name. Massachusetts provides businesses with a lookup tool to check if anyone is using your preferred business name. It’s important to perform a name search to check if your DBA name is unique to your business before you go through the process of registering your DBA name.

Additionally, it should be noted that DBA names do not protect your business against trademark infringement. At the federal level, trademarks protect the name, goods, and services of your business across the nation. You can use the United States Patent and Trademark Office (USPTO) website to determine if your preferred DBA name infringes on any federal trademarks. You should also use the Massachusetts trademark search tool to ensure that your DBA name does not infringe on any trademarks at the state level.    

To register a DBA name in Massachusetts, you will need to file with the office of the clerk in every city or town in which your business operates. Massachusetts does not require businesses to register DBA names with the Secretary of State. 

When choosing your DBA name, you cannot use specific wording that could mislead others about the nature of your business: 

• No business can use government-related words or phrases, which include “Army,” “Navy,” “Marine Corps,” “Marines,” “Coast Guard,” “Government,” “Post Exchange,” “P-X,” or “G.I.”  
• Individuals, unincorporated associations, or partnerships cannot use business-related words or phrases that could confuse the public about their business structures. These words include “Corporation,” “Incorporated,” or any abbreviation of any word that could confuse the public. 
• No business other than the commonwealth can use the words “Massachusetts State Fair” unless they have the written consent of the commissioner of agriculture.

How do I manage ongoing DBA name compliance in Massachusetts?

As with many business requirements, ensuring that you maintain ongoing compliance is an important task. Below are the compliance requirements for Massachusetts DBA names: 

• After you register your DBA name in Massachusetts, copies of the certificate should be available at the business address. Anyone who has purchased goods or services from your business must receive a copy if they request one.  
• Once you have the certificate registering the DBA name, you officially have the name for four years. Unless the certificate is renewed, it will become void after the four years.   
• When a business member passes away, a statement by the administrator of their estate must be filed.
• A business owner must file from the office of the clerk in which they received the certificate a statement that they have discontinued, retired, or withdrawn from the business. 

We Can Help!

While we don’t currently support DBA registration in Massachusetts, we can help you create one in states we do support, including: Colorado, Idaho, Illinois, Indiana, Iowa, Maine, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Jersey, New York, Ohio, Oklahoma, Oregon, Rhode Island, South Dakota, Texas and Utah. We can make creating a DBA name in another state simple.