File a DBA in Pennsylvania

What is a Pennsylvania DBA? 

A "trade name" or "doing business as" is a name for a business that differs from its proper name. For a formal business structure—such as a corporation or a limited liability company (LLC)—a proper name refers to the name listed on the business' organizational/registration documents. For an individual, sole proprietorship, or general partnership, a business' proper name is the legal name of the business owner(s).

Filing for a DBA allows the company to register its secondary name with the state to make the name legal for operating purposes. In Pennsylvania, this secondary name is called a fictitious name.

Who needs to file a DBA in Pennsylvania? 

By registering a fictitious name, businesses inform the public that they're the owner of the commercial establishment under that name. This helps customers and investors understand whom they're working with. For that reason, any type of commercial entity—whether a formal business structure or not—needs to register a DBA in PA if it's operating under a name other than its legal or proper name. That includes business names that imply additional owners, such as “& Sons” or “& Associates."

For example, you're an individual who's selling your crochet creations, and you want to use a catchy name for your business. You can still call your online shop "Knotty Knits" without creating a separate legal entity for your business by filing a fictitious name registration form with the Pennsylvania Department of State.

Note: There are some PA organizations that don't apply to this rule. It's best to consult an attorney if you think your business has special circumstances that may make it exempt. 

The benefits of having a Pennsylvania DBA

It's important to note that registering a fictitious business name in Pennsylvania doesn't offer the same kind of protection as registering a separate legal entity, such as liability protection and exclusive rights to use that business name.

That said, registering a DBA in PA does allow your business to do several things.

• Enforce contracts. An unregistered company may not enforce a contract using the courts of Pennsylvania if the contract was signed using the fictitious name. While failure to register doesn't void the contract, enforcement is impossible until the entity actually registers the fictitious name.
• Avoid penalties. If an entity wishes to enforce a contract made under an unregistered fictitious name, Pennsylvania courts may impose a $500 penalty for use of the name prior to registration.
• Open a business bank account. Registering a trade name also allows your company to open bank accounts using the new name, receive payments to the new name, and otherwise do business with that name.
• Build some asset protection. Having a separate business bank account for your DBA may also help protect your personal assets by separating your business records from your personal life.  

Pennsylvania DBA requirements

Similar to formal business names, Pennsylvania code offers some general restrictions on fictitious business names.

According to 54 pa.c.s. § 311, a PA fictitious business name must be the following:

• Distinct from existing formal entities. A fictitious business name can't conflict with the name of an existing registered business entity in Pennsylvania, such as a corporation or LLC.
• Aligned with its business structure. It can't use words or identifiers that suggest it's a different entity type than it is, such as “LLC,” “Inc.,” or “Corp.” However, “company” or “co.” is allowed.
• Consistent with its business practice. PA businesses can't assume a fictitious business name that implies it offers something that it doesn’t.
• Compliant with state licenses. Similarly, a PA business can only use words like “engineering,” “architecture,” “banking,” or any other word implying that it's aligned with a regulated body if it's received approval from the associated department or license board.

How to file a Pennsylvania DBA

You can register a fictitious name with the Pennsylvania Department of State by following these steps.

Step 1: Conduct a name search

While registering a fictitious name doesn't give your business exclusive rights to use that name in PA, registering a formal business entity does. That means that other businesses may use your fictitious name in the future, but you can't use a name that's already registered as a corporation, LLC, or limited partnership in PA.

Find out if your desired name is available by conducting a PA business search through the Department of State's business search page. 

Step 2: Fill out a fictitious name registration form

Whether you file online or by mail, you need to fill out a Registration of Fictitious Name Form. It will ask you to provide the fictitious name you wish to use, a brief statement on the nature of your business, its address, and the name, address, and signatures of each individual or entity that owns the business.

The PA Department of State prefers that you type in the contents of the form. But if handwritten, make sure you write legibly in black or blue-black ink.

Step 3: Submit your form

If you’re filling out your form directly online, this step is simple. If you’re using a printed form, you’ll need to upload it online through the Department of State's online filing service or send it by mail to the following address:

Pennsylvania Department of State

Bureau of Corporations and Charitable Organizations

P.O. Box 8722

Harrisburg, PA 17105-8722

(717) 787-1057

Step 4: Publish your fictitious name

If you're registering a fictitious business name as an individual, you need to officially publish this update. Advertise the name in two newspapers of general circulation in the county where your business is (or will be) located. One of the newspapers must be a legal newspaper.

If there is only one newspaper of general circulation in the county, advertisement in that newspaper is sufficient. Check out the Bureau's county-by-county listing of newspapers of general circulation and legal publications for relevant publications in your area.

Include the following information in your advertisement:

• The fictitious business name
• The address where the business under that name is located
• The names and addresses of those listed on your fictitious name registration form
• A statement that you filed or will file a fictitious name under the Fictitious Names Act

Once published, save evidence of these advertisements in your business records.

How much does a PA DBA cost? 

The filling fee for DBA registration is $70 in Pennsylvania whether you file online or through the mail. If you choose to mail your registration form, include a check payable to the Department of State. Note that the check must contain a commercially pre-printed name and address.

In addition to filing fees, you also have to pay to advertise your fictitious name, which varies in price by county. Here are some examples of county papers and their associated costs:

• The Pittsburgh Legal Journal: $155
• Allegheny County’s Pittsburgh Post-Gazette: $150
• Blair County’s Altoona Mirror: $32.70 for weekdays plus $12 for proof of publication
• Bucks County Law Reporter: $105

Why you should get a Doing Business As name with LegalZoom

There are several stages in the registration process that can make filing a fictitious name feel like a hassle, such as conducting an entity search and tracking down legal journals. However, it's really important that you do file if you're planning to operate your business under an assumed name.

LegalZoom can help. Our DBA registration service will search for available business names, prepare and file the paperwork directly with the PA Department of State, handle the publication, and obtain proof for you. Let us take care of the registration paper work so you can focus on growing your business.

Pennsylvania DBA FAQs

How long does it take to register a DBA in Pennsylvania? 

Generally, it takes the Department of State 3–5 business days to process DBAs and other filings. However, steps like conducting a business entity search and publishing a legal notice of your fictitious name can impact how long it takes to register. Working with an experienced service like LegalZoom can help speed up parts of the process.

Do you need to renew a PA DBA?

No, you don't need to renew your Pennsylvania DBA. Once you register, your DBA remains valid unless any information on your fictitious name registration form changes. 

Can you trademark a 'doing business as' name in Pennsylvania? 

Yes. If you want to protect your brand by prohibiting others from using your fictitious name, you can register a trademark after you've registered your DBA in PA. However, the name needs to be available to trademark. 

Does registering a DBA in Pennsylvania change your taxes?  

No, getting a trade name registered by filing a DBA doesn’t change how your company is taxed in PA.

Helpful resources for registering a PA DBA 

Here's a list of resources that are helpful for filing a DBA in Pennsylvania.

• Pennsylvania Department of State Business Filing Services: where you can register your fictitious name online with the state.
• https://www.pa.gov/agencies/dos/programs/business/types-of-filings-and-registrations/fictitious-names.html
• Pennsylvania Business Name Search: important resource for checking if your desired fictitious name is available in PA.
• https://www.pa.gov/agencies/dos/programs/business/information-services/record-searches.html
• Pennsylvania Small Business Development Centers: offers consulting services to small business owners.
• https://www.pasbdc.org/
• IRS EIN Information: not mandatory, but helpful for businesses using a DBA that need an EIN for tax and other purposes.
• https://www.irs.gov/businesses/employer-identification-number

Sam Eichner contributed to this article.