How to Get a Georgia DBA Name

After going through the entire process of creating your Georgia business name, you don’t want to legally change it too soon. However, you might realize that the name doesn’t suit your business after a while due to various reasons like business growth or changes in products and services being sold. That’s where a Georgia DBA or fictitious business name comes in.

This article outlines everything you need to know about DBAs in Georgia and their registration process.

DBA in Georgia: Key Takeaways

• A DBA differs from the legal business name registered with the state it operates within.

• A DBA isn’t the same as a trademark, primarily because it doesn’t enjoy the same protective rights.

• Filing for a DBA in Georgia requires several steps, including a business name search, submitting a fictitious business name statement, filing other necessary DBA paperwork with the county clerk’s office, and publishing a DBA notice.

What Is a DBA?

Before you dive into obtaining a Georgia DBA for your business, you should learn what this abbreviation means. A DBA, also known as a trade name, an assumed name, or a fictitious name, stands for “doing business as.”[1] It refers to a name business owners use to describe their brand better, advertise their products and services, and target different markets and audiences.

A DBA is a name different from the legal name of your business. However, it’s not a different business structure. The structure of the business carrying your DBA name stays the same, with the same rights and responsibilities. That being said, a DBA doesn’t provide personal asset and liability protection.

Any type of business entity can acquire a DBA. For example, as a sole proprietor, you must use your full name as your company’s name. That can feel invasive. With a DBA, you can conceal a part of your name and not only protect your privacy but also describe your business more closely and relate it to the products and services sold.

How to File a DBA in Georgia

The following sections describe five steps of filing a Georgia DBA. They include a business name search, signing an affidavit that confirms the identities of people doing business under the DBA, paying a filing fee, submitting other relevant DBA paperwork with the county clerk’s office, publishing the DBA, and keeping the DBA active if required by the state law.

Step 1 — Do a DBA Name Search

Similar to how you have to check business name availability, you have to confirm that an existing business hasn’t already taken your desired DBA name. Most states also don’t allow different companies to use the same DBA, so ensure your DBA doesn’t match another business’s DBA. Avoiding customer confusion is wise, even if it’s allowed and won’t cause legal disputes.

One way to confirm that a name is free to use is through our free and thorough business name search tool. You can also use the official Georgia Corporations Division search tool and check availability by the business name, registered agent’s name, officer’s name, and control number.

In addition to checking other business names, you must search trademark names registered with the Georgia Secretary of State. Using a name trademarked as your Georgia DBA can land you in just as much trouble as taking another company’s business name. You can search for trademarks at the state level on the Georgia Corporations Division website or check through the U.S. trademark database. However, note that a DBA doesn’t have the same protection rights as a trademark.

Step 2 — File a Fictitious Business Statement

Next up on your to-do list is filing a fictitious business statement. A fictitious business statement is part of the DBA paperwork that confirms your Georgia trade name registration and prevents unnecessary fines that come with operating a business under a different name.[2]

You typically need to provide the following information:

• Desired DBA name

• Type of business

• Names of business owners

• Notarized signatures of business owners

• Addresses of the business owners

These DBA filings are made with the Clerk of the Superior Court’s office in the county where the business is located. You can send them by email or deliver them in person. For example, businesses in Fulton County need to submit their registration form at the following address:

Clerk of Superior Court

Attention: Recording Division

136 Pryor St. SW

Atlanta, GA 30303

In addition to the documents, you must also pay a filing fee of $171.[3]

Step 3 — File Your DBA With the County Clerk’s Office

As mentioned, Georgia DBA filing requires business owners to submit their trade name application to the clerk’s office in the county where they plan to run their business. The same goes for the rest of the paperwork involved in the filing process.

You typically need to prepare your Articles of Organization, tax ID, information about your registered agent, and necessary business licenses and permits.

If all that seems complicated, you can seek help from a professional document filing service. We’ll ensure you have all the necessary documentation and submit it on your behalf.

Step 4 — Publish Your DBA Name

Most states don’t require businesses to publish their DBA names. However, that’s not the case with Georgia. According to Georgia law, business owners must post a legal notice of their trade name registration with a local newspaper, i.e., a newspaper running in the same county where the principal place of business is located.[4] The assumed name needs to be published once a week for two consecutive weeks.

The county clerk’s office must approve the local newspaper. These newspapers are usually familiar with the process and already have a template ready for you to use. The publishing fee is $20 per 100 words per insert, and you need two inserts. In addition, there’s a $5 affidavit fee if you want to keep the publisher’s affidavit as proof that your notice was published.

Step 5 — Follow Up

After coming up with a unique DBA name, registering, paying the filing fees, and publishing a notice of your Georgia DBA, you wouldn’t want all that to go to waste. Fortunately, you don’t have to worry about keeping your Georgia DBA active or paying extra fees over the years.

Once your application has been processed, you have your fictitious business name for life. No renewal is required. You can change your DBA name by filling out a new trade name registration form and paying a fee. You can also cancel it by filing an Affidavit to Cancel Registered Trade Name form when you no longer wish to do business under that name.

Georgia DBA Name Restrictions

All states have more general and specific rules and restrictions for small businesses regarding DBA name registration. More general rules concerning Georgia businesses concern a DBA’s status. As stated above, a DBA isn’t a business structure, so it shouldn’t have business structure identifiers like “L.L.C.” and “Corp.”

A DBA name may not imply illegal activities or contain obscene language. Businesses not approved by corresponding government institutes can’t have words like college, university, bank, trust, savings, loan, insurance, surety, assurance, etc., in their DBA name.

Another crucial thing to know is that DBAs aren’t trademarks. They don’t have the same protection as a logo, design, word, etc., created by a particular company. Unlike trademarks, your DBA isn’t exclusive to your business unless you trademark it.

DBA Georgia Tax Considerations

Like in other states, a DBA is simply a new name for your business or its branch. It doesn’t alter its business structure or its tax status. Since a DBA isn’t a separate business entity, you don’t need to acquire a separate Employer Identification Number (EIN) from the Internal Revenue Service (IRS).

Moreover, a DBA doesn’t protect your personal assets like a limited liability company. The assets of a DBA are the same as the assets of the DBA owner, so be careful in that regard.

Why Should You Get a DBA?

Getting a DBA isn’t necessary to run a business in Georgia, so why get one, you might ask. Regardless of your business type, you can get plenty of benefits by filing for a DBA. Here are some of them:

• Businesses like limited liability companies and corporations can use a DBA to access a broader market and spread their brand without forming another company. As your business grows, you can create a DBA that describes your new products and services more closely than your legal business name.

• A DBA protects their privacy by enabling general partnerships, sole proprietorships, and limited partnerships. Without a DBA, these business owners need to use their names as their business name, which doesn’t only feel invasive but also prevents customers from figuring out what the company is about at first glance.

• Some banks in Georgia and elsewhere require businesses to possess a DBA to open a business bank account. With a DBA, your business also seems more professional and trustworthy, enabling you to get more loans.

FAQs

What’s the difference between an LLC and a DBA?

The main difference between an LLC and a DBA is their status. While an LLC is a business entity that operates independently, with its own tax obligations, a DBA is simply a new business name a company acquires without altering its legal business name and structure.

How much does getting a DBA cost?

The cost of a DBA registration varies by state and county within the state. In Georgia, filing a trade name application costs around $172. However, you must also pay DBA notice publication fees, which can be around $20 per 100 words per insert.

Do I need a DBA for my Georgia business?

No Georgia business entity is required to obtain a DBA to function. You must obtain it if you want to operate under a name different from the name registered with the state.

What’s the difference between a trade name, an assumed name, and a DBA name?

A trade name, an assumed name, and a DBA name all refer to the same definition — a fictitious name a business uses to operate. It’s a name different from the one registered with the state.

How long does a DBA last?

In some states, a DBA requires renewals every five to 10 years. Fortunately, you don’t have to renew your DBA and pay renewal fees after registering it with the county clerk’s office in Georgia.

Is there a limit to the number of DBA names I can have?

You can have as many DBAs in Georgia and elsewhere. Still, most businesses only have one or two, primarily because each DBA registration has a hefty fee. Outside Georgia, you also have to think about renewal fees.

Is a DBA the same as a trademark?

A DBA and a trademark might sound the same but differ slightly. Both can be words that a company has created to label their brand. However, unlike a DBA, a trademark comes with protective rights that limit it to the usage of the company that has created it or anyone who has the copyright.

Does a DBA affect my business’s tax status?

Since a DBA doesn’t alter your business structure, it also doesn’t change your tax status. All DBA tax considerations are tied to the business entity it represents. You also don’t need a separate tax ID.

Bibliography

1. Chamber of Commerce. “How to File a DBA in Georgia.“ Accessed August 23, 2023.

2. Georgia Department of Banking and Finance. “Trade Names.“ Accessed August 23, 2023.

3. Fulton County, Clerk of Superior and Magistrate Courts. “Trade Names/DBA.” Accessed August 23, 2023.

4. Georgia.gov. “File for a DBA.“ Accessed August 23, 2023.