Operating your business under a brand name that differs from your legal name requires a Delaware DBA, officially called a "trade name" registration. Getting it right means understanding a process that changed significantly on February 2, 2026, when Delaware moved DBA registration away from county Prothonotary offices and onto a single statewide portal—a shift most online guides haven't reflected. Whether you're a sole proprietor, an LLC owner, or a corporation adding a second brand, this article walks through the current five-step filing process, the $25 state fee, and what the 2026 law change means for your registration.
What is a Delaware DBA (trade name)?
A Delaware DBA, officially called a trade name, lets you operate, market, and accept payments under a name that differs from your legal business or personal name. Delaware statutes use "trade name" rather than "DBA" or "fictitious name," but all three terms describe the same thing.
If your name is Maria Chen and you run a catering company called "Harbor Table Catering," the state needs to know those are the same person. A trade name registration creates that public record.
Practically, a DBA lets you open a business bank account, sign contracts, invoice clients, and build a brand under the registered name. It is a public disclosure requirement—not name ownership or trademark protection. That distinction is covered in the Delaware DBA vs. trademark section below.
Who needs a DBA in Delaware?
Any person or business entity that operates under a name other than their legal name must register a Delaware trade name before using it.
Sole proprietors and general partnerships
If you run a business with no LLC or corporation, your legal business name is your personal name. The moment you operate under anything else, Delaware requires a trade name registration. "James Porter" needs no DBA. "Porter Home Repairs" does.
The same logic applies to general partnerships: if the operating name isn't a combination of both partners' legal names, it must be registered. For more on how DBAs work for sole proprietors, see LegalZoom's DBA filing guides for sole proprietors.
LLCs and corporations
Formed entities already have a registered legal name on file with the state. If your LLC or corporation wants to operate under a different name—a second brand, a product line, or a shortened version of the entity name—you need a separate trade name filing. That filing doesn't replace your entity's legal name; it authorizes an additional operating name. For LLC owners adding a brand name, see how to add a DBA to an LLC. If you're still deciding whether to form an LLC, starting an LLC in Delaware covers that process.
Out-of-state (foreign) businesses
A business formed in another state that operates in Delaware may need a Delaware trade name registration if it conducts business under a name other than the one used to register as a foreign entity. The rules here are fact-specific, so verify your situation directly with the Delaware Division of Revenue or a business attorney.
How to file a DBA in Delaware: step-by-step
As of February 2, 2026, the Division of Revenue administers Delaware's statewide DBA registry through onestop.delaware.gov. County courthouse filings no longer apply to new registrations.
Step 1: Check name availability
Search the Division of Revenue's Delaware Trade Name Registry through the One Stop portal to confirm your proposed name isn't already taken. You can also check Delaware business name availability using LegalZoom's name search tool.
Search before you start the form: a name conflict will get your filing rejected, and the $25 fee is non-refundable. Delaying also means another business could claim the same name first.
Step 2: Gather your required information
Have the following ready before you start the online form:
- Your proposed Delaware trade name
- Your legal business name (or personal name, for sole proprietors)
- Your Delaware business address
- Your business entity type
- Your Delaware business license number (see Step 3 if you don't yet have one)
- Ownership information, including names and addresses of any officers, directors, or shareholders with more than a 10% equity interest (sole proprietors list themselves)
Step 3: Complete the filing through the Division of Revenue One Stop portal
Go to onestop.delaware.gov and log into or create your Delaware One Stop account. The form collects the information listed in Step 2. Notarization is no longer required.
One requirement to know: trade name filings must be associated with an active Delaware business license. If your business actively conducts business in Delaware, use your existing license number. If you don't conduct business in Delaware but still need to register a trade name, a Trade Name Only Business License is available through the same portal.
Step 4: Pay the $25 filing fee
The fee is $25, paid online at submission. The DBA registers statewide—no per-county fees. The fee is non-refundable if your filing is rejected, so confirm your information is complete before you submit.
Step 5: Receive your trade name registration
Once approved, you'll receive a trade name certificate through the portal. Keep it—you'll need it when opening a business bank account, executing contracts, or updating marketing materials under the registered name.
For businesses actively conducting business in Delaware, the trade name registration does not expire and does not require renewal. If you stop using the name, rebrand, or dissolve the business, file a cancellation through the portal.
If you'd prefer to have the filing handled for you, you can register a DBA online through LegalZoom.
Delaware's 2026 DBA law change: what you need to know
Delaware amended its trade name registration law under House Bill 40, effective February 2, 2026. New DBAs are now registered online with the Division of Revenue instead of with individual county Prothonotary offices. Before this change, businesses operating in more than one county had to file separately in each of Delaware's three counties—New Castle, Kent, and Sussex. The table below shows exactly what changed.
| Before February 2, 2026 | After February 2, 2026 | |
|---|---|---|
| Where to file | County Prothonotary office | Division of Revenue One Stop portal (onestop.delaware.gov) |
| Filing method | In person or by mail | Online only |
| Notarization | Required | No longer required |
| Fee | Varied by county | $25 statewide |
| Business license connection | Not required | Active Delaware business license required |
| Who it applies to | All business types | All business types |
If you already have a county-registered DBA
Trade names filed with the Delaware Superior Courts before February 2, 2026 remain valid. Delaware is not requiring universal re-registration, and court-filed trade names were not automatically transferred into the Division of Revenue registry.
Re-registering under the new system makes sense in two situations:
- If you need a trade name certificate from the Division of Revenue—for example, to open a new bank account or satisfy a counterparty's documentation requirement—you must register in the Division of Revenue's registry. The Division will not issue a certificate for a trade name that exists only in the old Superior Courts registry.
- If your business information has changed, updates to staff, ownership, or address must now be managed through the One Stop system.
Re-registration for existing holders is free if you provide the assigned file number of your existing DBA registration.
If you're unsure whether your situation requires action, verify directly with the Delaware Division of Revenue at onestop.delaware.gov or consult a business attorney.
How much does a Delaware DBA cost?
Filing a Delaware trade name costs $25—the flat state fee paid through the Division of Revenue One Stop portal at submission. There are no additional county fees, no notarization costs, and no annual renewal charges for businesses actively conducting business in Delaware.
That $25 covers the state filing only. Third-party filing services charge their own fee on top.
Before February 2, 2026, fees were set county by county, and businesses operating across multiple counties paid separate fees to each Prothonotary office. The new system is both simpler and less expensive.
Delaware DBA vs. trademark: what protection do you actually get?
A Delaware trade name registration does one thing: it creates a public record that you are using a particular name in connection with your business. It does not stop another business from registering the same name, and it does not prevent a competitor from using a similar name in Delaware or anywhere else. Your DBA filing gives you no legal claim against someone who starts using your trade name tomorrow.
A federal trademark works differently. Registering with the U.S. Patent and Trademark Office gives you exclusive rights to use that name, logo, or slogan in commerce across the country, in connection with the specific goods or services you register—and legal standing to stop others from using a confusingly similar name in your industry.
Your Delaware trade name registration handles your state disclosure obligation: it lets you open bank accounts, sign contracts, and market your business under a name other than your legal name. It does not protect that name from being used by others. If your brand name is central to your business value, a federal trademark registration is worth considering alongside your trade name filing.
What to do after your Delaware DBA is approved
Once you receive your trade name certificate, work through these steps before putting the name to work.
- Open a business bank account under the trade name. Bring your trade name certificate and legal entity documentation. Most financial institutions require both.
- Update your invoices, contracts, and marketing materials. Consistency between what customers see and what appears in the public record protects your credibility.
- Keep your legal entity name on formal legal and tax documents. Your trade name is an operating name; your underlying legal or entity name still governs tax filings, lawsuits, and official government correspondence.
- Note your registration date for your records. Useful if you later need to amend, transfer, or cancel the registration.
- File an amendment if your business information changes. Update address, ownership structure, or key personnel through the One Stop portal. Outdated public records can create problems when counterparties or regulators search for your business.
- File a cancellation if you stop using the name. If you rebrand or dissolve the business, formally cancel the registration. It frees the name for others and keeps your public record clean.
Common Delaware DBA filing mistakes to avoid
Ensuring your application is error-free is essential for a smooth registration process and for avoiding an immediate rejection from the Division of Revenue. Because the state’s filing fee is non-refundable, taking the time to review your submission for these frequent oversights can save your business both time and unnecessary expense.
- Choosing a name that's already registered. A conflict means rejection and a forfeited $25 fee. Search the registry before you start the form.
- Using a restricted word without approval. Terms like "bank," "trust," "insurance," or names implying government affiliation typically require regulatory approval. The Division does not publish a comprehensive list given the subjective nature of the analysis. When in doubt, choose a name that doesn't require additional sign-off.
- Submitting incomplete information. Missing your business address, entity type, or business license number will stop your filing. Have everything assembled before you open the form.
- Filing at a county courthouse. County Prothonotary offices no longer accept new trade name registrations. All new filings go through the Division of Revenue's One Stop portal.
- Confusing a DBA with a business license. These are separate requirements. Registering your trade name does not satisfy your business license obligation, and having a business license does not register your trade name. Delaware also distinguishes between entities actively conducting business in the state and those that need trade name registration without an in-state operating presence. Make sure you have the right license type before you file.
Delaware DBA FAQs
Do Delaware DBAs expire?
Delaware trade name registrations do not expire and do not require renewal for businesses actively conducting business in Delaware. If you stop using the name, file a cancellation through the One Stop portal rather than letting the registration sit dormant.
Can I have more than one DBA in Delaware?
Yes. A single Delaware business license can support multiple trade name registrations. Each requires its own separate filing and $25 fee. There is no fee to amend or cancel an existing registration.
Do I need an EIN to file a Delaware DBA?
No. A Delaware trade name registration does not require a federal Employer Identification Number. If you're a sole proprietor planning to hire employees or open a business bank account, you'll likely need an EIN for those purposes regardless of your DBA status.
Does a Delaware DBA change my tax obligations?
No. A trade name registration is a name filing only. A sole proprietor with a DBA is still taxed as a sole proprietor; an LLC with a DBA is still taxed as an LLC.
Can I open a business bank account with a Delaware DBA?
Yes. A registered trade name is typically sufficient, but banks vary in what they require. Sole proprietors operating under a DBA without an LLC or corporation should confirm with their bank whether the trade name certificate alone satisfies their documentation requirements.
How do I amend or cancel a Delaware DBA registration?
Both are handled through the Division of Revenue's One Stop portal at onestop.delaware.gov. There is no fee to amend or cancel.
Does a sole proprietor need a DBA in Delaware?
Yes, if they operate under any name other than their own legal name. Using your full legal name requires no registration; adopting any other name requires a Delaware trade name filing before you use it publicly.
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