Did you just come across the puzzling phrase “Fictitious Business Name” and you’re unsure of what it means?  Perhaps you casually read or heard the seemingly oxymoronic phrase somewhere, leaving you with a few questions. 

“What does it refer to exactly? 

“Is it even legal?”

“Is using a fictitious business name not a violation of one or more statutory business regulations?”

Take a deep breath – there’s no need for concern. A fictitious business name is perfectly legal and a lot more common than you might think. Let’s find out what a fictitious business name is, and when to use one.

What is a Fictitious Business Name?

A fictitious business name (FBN) is the secondary name you use for your business if it’s operating under a name other than its legal name. FBNs allow business owners or entities to operate under alternative, more market-friendly names.

If your company or business name is different from what is on your tax returns, you are using a fictitious business name. It’s also called assumed business names or ‘doing business as’ (DBA).

For example, if you are a Sole Proprietor offering digital marketing services to your clients, your name might be the legal name of your business. But Allan Smith Marketing isn’t that eye-catching (no offense Allan), so you decide to market your service under a different name: Hot Knife Marketing Ninja; this new name is called Fictitious Business Name.

What is the Difference Between a Fictitious Business Name and a Legal Name?  

A legal name is an official name the government recognizes as it appears on identification documents like passports, driver’s licenses, birth certificates, etc. For businesses, it’s the name that appears on legal documents like tax filings.

A fictitious business name or DBA is the name you adopt if you want your business to operate under a different identity from its legal name. In its simplest form, a fictitious business name is the new name you adopt for your business. 

There’s nothing fraudulent about FBNs so long as you follow appropriate state guidelines; it’s just for branding purposes.

Can You Choose Any Name for Your Fictitious Business Name?

No! You can’t choose any name for your fictitious business name. There are regulations, restrictions, and guidelines to follow when selecting and registering an FBN. These requirements and rules differ across state and county lines.

So, before you choose any name as FBN, you need to check the county clerk or record office of the state or county where the business operates.

You also need to check with the U.S. Patent and Trademark Office to ensure that the name is not already in use and that you can use the name without restrictions.

On your own, you can carry out a quick Google search to see if another company is already branding the name you have in mind.

When Should You Use a Fictitious Business Name?

I thought you would never ask! There are several use cases for an FBN.

First off, if you run a sole proprietorship or general partnership and want to operate under a name different from your personal name, a fictitious business name would come in handy.

Secondly, an FBN enables you to market your business or company under a name that’s more creative, attractive, and appealing to your audience or customers.  

Another use case is if you have a corporation or LLC with a registered name, but want to launch a new product in a different or niche market. With a fictitious business name, you can adopt a market-friendly name for an effective launch. 

In most cases, states make it mandatory to file fictitious business names because it enables the general public to know the real owners of companies. In other words, filing an FBN places you and your business name on public record.

But you may not need an FBN if you are using your legal name as your business name.

For instance, the famous digital marketing and SEO expert Neil Patel may not need an FBN since he uses his legal name to run his business.

How to Choose a Fictitious Business Name

Choosing a fictitious business name is no different from naming a business. Other than a few constraints here and there, the same rules apply.

Luckily for you, we have already written an extensive guide on business naming. Check it out, and you will learn all you need to know about choosing a fictitious business name.

Here are a few tips on how to choose a fictitious business name:

1. Define the Purpose of the Fictitious Name

The general rule of thumb to apply is to define the purpose of your business. Defining your business purpose will guide you in choosing the perfect FBN.

For instance, if you need an FBN to create a better company image, then the name should tell your audience about your products or services. If your business name is Smith Systems LLC, an FBA that better captures your audience’s imagination, and tells them what you do: Fluffy Cloud Computing, Silver Analysis, or Quantum Quake.

Whatever your focus is, try to reflect it in the fictitious business name.

2. Brainstorm as Many Ideas as Possible

Staring at the blank page is intimidating, but you have to be creative with your FBN. And the best way to do that is to brainstorm as many ideas and concepts as possible. Use naming trends and categories to guide your ideas, these can include:

• Real Word: Amazon, Slack, Swoop
• Misspelled: Lyft, nimbl, Mohawx
• Compound: Instagram, SplitWav
• Phrases: StumpleUpon, Ready to Rise
• Blends: Groupon, Yuconic, Winvested
• Descriptive: Whole Foods, The Body Shop
• Visual: Iron Flame, Blue Cabin

 Come up with a few names for each category and you’ll have a strong start, or try our business name creator to get your search underway.

3. Keep Things Simple

Sometimes, it’s not about the name you like but what works best for your audience. You don’t have to use too many lengthy and ambiguous words or spelling variations. Your FBN should be memorable and easy to spell and pronounce.

How would you feel searching for a creative designer on Google only to see the name – ‘Creative Bonopia Bomgamba Designers LLC.’ You would probably ask yourself, “Why would someone use such a complicated and lengthy name for their business?” 

You should keep things simple when choosing a fictitious business name. Pay attention to the length of your fictitious business name. The shorter, the better. It shouldn’t be more than four words. That way, your potential audience or customers can easily recognize and remember it.

4. Make Sure Your Name is Unique

At this point, you have probably brainstormed and decided on a name that’s perfect for your business. It reflects the nature of your business and would resonate well with your audience.

Bravo! I don’t mean to rain on your parade, but you can’t assume you have found the perfect fictitious name for your business just yet.

You need to do due diligence. Google your shortlisted names to see if they’re being used online.

Then check your county clerk’s office and the U.S. Patent and Trademark Office to ensure that there are no restrictions in getting the selected name. 

And remember, you’ll need a matching domain name for easy recognition in search result pages. Cross-reference your shortlisted names with available domain names until you find the perfect match.

Registering a Fictitious Business Name

As you register your fictitious business name, remember that registering your FBN is different from registering a business.

To file or register an FBN, you need to complete and file the appropriate forms and pay a filing fee. The requirements for registering or filing a fictitious business name differ across states.

After these initial steps, some states may require that you publish your FBN within a time frame and publicize the new name in a public forum like a newspaper.

In some states, you may need to file your FBN forms with a local or county clerk’s office, with a state agency, or both.

In a nutshell, the ease at which you file your FBN depends on the state your business is located.

Wrapping Up

Now you see, there’s nothing shady about a fictitious business name. It’s a way of giving a different identity and better branding to your business, especially if you think your legal name may not be appealing enough.

And remember, no fictitious business name is complete without a matching domain name with a credible extension. Our Premium Marketplace is packed with expert-approved domain names that could become your new FBN. Start your search today.

FAQ   

Do I Need a Fictitious Business Name?

If you want to run your business or launch a brand under an identity different from your legal business name, then you need a fictitious business name. The requirements for registering one differ across states.

Are Fictitious Business Names (FBN) and (DBA) the Same Thing?

Both terms are the same and they are often used interchangeably to describe the name given to a business to make it more market-friendly and operationally flexible. It’s the name given to a business that is different from the legal business name found on government paperwork.

Do Fictitious Business Names Expire   

Unfortunately, yes. Like everything else in life, fictional business names don’t last forever. However, the lifespan of your FBN registration depends on the state in which your business operates. The typical timeframe is five years.