Register your DBA today! With a registered Hawaii DBA (also known as Doing Business As or fictitious business name), you will have the power to open bank accounts and legally transact business using the name of your new venture. Additionally, filing your Hawaii DBA grants you exclusive rights to your business name in Hawaii. Let LegalZoom help you cross another one off your to do list.
HAWAII STATUTORY GUIDELINES
LegalZoom.com customizes your legal DBA filing to comply with local requirements, no matter where you live. However, if you're interested in the specifics, they are listed below.
Violators will be fined for unlawful use of a DBA if it is similar to any registered DBA, or if the name of any corporation, partnership, or LLC exists or is registered, or authorized to transact business in accordance with the laws of the state of Hawaii. In addition, violators will be fined for unlawful use of a DBA if the name is exclusively reserved in Florida.
A DBA distinguishing the goods or services from others must not be registered if it:
There are certain necessary items when filing a DBA in Hawaii. One must state that the person is the sole and original proprietor of the DBA or the assign of the proprietor, and must set forth the nature of business in which the DBA is used. One must also provide the name of person(s) applying, the business address of the person or entity applying, and the goods or services on or in connection with which the DBA is used. A statement is also required which indicates that the applicant is the owner and is using the DBA and to his/her knowledge no other person has registered, either federally or in this State, or has the right to use, the DBA when applied to the goods or services of the another, to cause confusion, to cause mistake, or to deceive. Other necessary items include:
- Consists of or comprises immoral, deceptive, or scandalous matter
- Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute
- Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof
- Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent
- Consists of a mark that, when used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively describes them
- Consists of a mark that, when used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively describes them or is primarily a surname
When filing a DBA in Hawaii, a fee and a notarization are required.
- The mode or manner in which the DBA is used on or in connection with such goods or services
- The state of organization or incorporation, or if a partnership, the state in which the partnership is formed
- The class in which such goods or services fall
- The date when the mark was first used anywhere
- The date when mark was first used in Hawaii by the applicant or a predecessor in interest
In terms of continuing obligations, the DBA will expire in Hawaii in five (5) years. The DBA may be renewed at any time during the period of its registration for additional five (5) year periods by filing a renewal application within six (6) months prior to the expiration of the current term. All applications for renewal under this part must include a notarized statement that the DBA has been and is still in use, and a specimen showing actual use of the mark on or in connection with the goods or services for each class of goods and services.
If any DBA is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five (365) consecutive days, the certificate of registration must be subject to revocation.
It is important to note that the DBA must be executed in writing and may be recorded by filing an application with the director and paying an appropriate recording fee, and that any registrant may change the name of the person to whom the DBA is issued by filing an application to change the name of the registrant with the director and paying the appropriate fee.