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Before going into the details, here is a quick checklist for registering a DBA in Alabama.
| Official Term | Trade name (registered as a trade name with the Secretary of State) [1] |
|---|---|
| Filing Agency | Alabama Secretary of State, Lands and Trademarks Division [1] |
| Form | Application to Register a Trademark, Service Mark, or Trade Name, Form LAT-1 [2] |
| State Fee | $30 filing fee, payable to the Alabama Secretary of State [6] |
| Processing Time | The Secretary of State reviews the application and records the registration; allow time for mailed applications [1] |
| Renewal Required | Registration is effective for five years and may be renewed for successive five-year terms [1] |
| Cancellation | A registration may be cancelled, and the owner may file a notarized statement of assignment if the name is transferred [1] |
A DBA stands for "Doing Business As." It is an alternative name your business uses instead of its registered legal name. In Alabama, this kind of name is called a trade name, and it is registered with the Secretary of State.
Any type of business can register a trade name in Alabama. This includes sole proprietors, general partnerships, LLCs, and corporations. A trade name identifies the business, vocation, occupation, or profession you operate under.
A DBA does not create a new legal entity. It does not change your tax status, your liability protection, or your ownership structure. It is only a name your business uses publicly.
| Brand Fit | Commercial Banking | Multi-Entity Branding | Privacy & Trust |
|---|---|---|---|
| Sole proprietors must use their personal names by default. Registering a trade name unlocks strategic freedom, letting you market under a professional brand that clearly communicates your services. | Alabama banks require a registered trade name before opening commercial checking business account under a trade name. A DBA provides the official verification needed to separate personal and business finances. | A trade name lets you launch new product lines without the expensive overhead of establishing separate legal companies. This allows you to easily scale unique public brands while keeping corporate compliance structures simple. | Operating under a trade name keeps your personal identity off public websites, invoices, and consumer contracts. It also builds commercial credibility, signaling to vendors that your operations are official. |
Alabama administers trade name registration at the state level through the Secretary of State. Registering a trade name is voluntary in Alabama because rights to a name are established through common-law adoption and use, but registration creates a public record and is strongly recommended. [1]
Before you file, confirm that your name is not already in use. Alabama recognizes name rights through adoption and use, so an existing user may have a stronger claim even without a registration on file. A clear search protects your brand. [1]
You can search existing marks for free through the Secretary of State Trademark Records search, which lets you look up registered trademarks, service marks, and trade names by name, applicant, or number. [3]
Alabama trade name rules are straightforward, but a few limits apply.
| Your trade name must be distinctive | Match designators to your real structure | Conflicts are your responsibility |
|---|---|---|
| A trade name should distinguish your business from others. Approval by the Secretary of State does not by itself resolve a dispute over who may use a name; that is decided under common law and by the courts. [1] | A sole proprietor should not use "LLC," "Inc.," or "Corp" in a trade name. An organizational identifier should match your actual business structure, not imply one you do not have. | The state does not guarantee your name is free of conflicts, so run a federal trademark search to avoid infringing a protected mark. [5] |
Run a trademark search at the U.S. Patent and Trademark Office (USPTO) as well. Registering a trade name in Alabama gives you no federal trademark rights and does not stop a federal trademark holder from challenging your use of the name. [5]
You register a trade name on Form LAT-1, the Application to Register a Trademark, Service Mark, or Trade Name, filed with the Alabama Secretary of State. The application must be signed before a notary public and submitted with three specimens showing the name in use. [2]
| Situation | State Fee |
|---|---|
| Register a new trade name (Form LAT-1) | $30 filing fee [6] |
| Renew a trade name at the end of a five-year term | $30 renewal fee [1] |
| Assign or transfer a registered trade name to a new owner | Assignment fee filed with a notarized statement of assignment [1] |
Online: Trademark Records and the online trademark application linked from the Secretary of State Trademarks page [1]
By mail: Secretary of State, Lands and Trademarks, P.O. Box 5616, Montgomery, AL 36103-5616
In person: 11 South Union Street, Suite 224, Montgomery, AL 36130 [1]
Filing fees are non-refundable, and a rejected or incomplete application must be corrected and re-filed. Rejection by the Secretary of State does not, by itself, stop you from using the name under common law.
The Secretary of State reviews your application and the specimens, then records the registration. Mailed applications take longer than online filings, so plan ahead if you have a launch date. [1]
Keep your registration record. Banks, vendors, and payment processors may ask for proof of your registered trade name before they let you operate or accept funds under that name.
An Alabama trade name registration is effective for five years. To keep the registration active, you renew it for another five-year term before it expires. [1]
A DBA and an LLC are not the same thing. This is one of the most common points of confusion for new business owners, and getting it wrong can be costly.
A DBA is only a name. It does not create a legal entity. It does not protect your personal assets. If someone sues your business, your personal finances are exposed.
Forming an LLC means you are creating a separate legal entity. That separation generally protects your personal finances, home, and savings from business debts and lawsuits.
If you are a sole proprietor who wants a business name without incorporating, a trade name is a fast, affordable option. If you want liability protection, you need an LLC or a corporation.
Many businesses do both: they form an LLC and then apply for a DBA to run a brand under a name different from the LLC legal name.
| Feature | DBA (Trade Name) | LLC |
|---|---|---|
| Creates a legal entity | No | Yes |
| Personal asset protection | No | Yes |
| Changes the tax treatment | No | Can elect a different tax status |
| Required to operate under a different name | Recommended, registers the name you use | No, the LLC name is its legal name |
| Cost to register | $30 state fee + Swyft service fee | State filing fee + Swyft service fee |
Most Alabama trade name problems come down to the same handful of errors. Here is what to watch out for before you file.
Registering a trade name in Alabama is voluntary. Name rights come from common-law adoption and use, so registration is a public record and a recommended safeguard, not a legal requirement to operate. [1]
Registering a trade name does not by itself give you exclusive ownership. Under Alabama common law, the first to adopt and use a name has the stronger claim, and disputes are settled by the courts, not the Secretary of State. [1]
A quick Google check or a domain search is not the official record. Use the Secretary of State Trademark Records search to look for registered names before you commit to a brand. [3]
A sole proprietor cannot include "LLC," "Inc.," or "Corp" in a trade name unless the business is actually organized that way. The designator must match your real structure.
A trade name is only a name. It does not create a legal entity and does not shield your personal finances. If you want protection, form an LLC.
State registration is not trademark clearance. A federal trademark holder could still force you to stop using the name. [5]
[1] Alabama Secretary of State. Trademarks, Service Marks, and Trade Names. Accessed on June 2, 2026.
[2] Alabama Secretary of State. Form LAT-1, Application to Register a Trademark, Service Mark, or Trade Name. Accessed on June 2, 2026.
[3] Alabama Secretary of State. Trademark Records Online Search. Accessed on June 2, 2026.
[4] Code of Alabama. Title 8, Chapter 12, Trademarks, Names, Marks, Devices, and Labels. Accessed on June 2, 2026.
[5] U.S. Patent and Trademark Office (USPTO). Trademarks. Accessed on June 2, 2026.
[6] Code of Alabama. Section 8-12-8, Application for Registration and Filing Fee. Accessed on June 2, 2026.
[7] Alabama Secretary of State. Trademark Records. Accessed on June 2, 2026.
Alabama Secretary of State, Business Services. Business entity filings, forms, and the Government Records search.
Alabama Secretary of State, Trademarks. Trademark, service mark, and trade name registration and forms.
Alabama Department of Revenue. State tax registration and business tax accounts for Alabama businesses.
IRS. Get an Employer Identification Number (EIN).
U.S. Small Business Administration, Alabama District Office. SBA Alabama District Office support for small businesses statewide.
