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Before going into the details, here is a quick checklist for registering a DBA in Maine.
| Official Term | Assumed name, also called a doing business as (DBA) name [1] |
|---|---|
| Filing Agency | Your city or town clerk for sole proprietors and general partnerships; the Maine Secretary of State, Division of Corporations, for LLCs and corporations [1] |
| Form | Municipal assumed name certificate (sole proprietors and general partnerships); Statement of Intention to Do Business Under an Assumed Name, Form ASUM-5 (registered entities) [2] |
| State Fee | Form ASUM-5 is $125 for a for-profit entity and $25 for a nonprofit; municipal fees are set by each city or town [2] |
| Processing Time | Corporate filings at the Secretary of State are currently 40 to 55 business days, with same-day and next-day expedited options [7] |
| Renewal Required | No fixed state renewal for an entity assumed name; municipal rules vary, so confirm with your city or town clerk [1] |
| Cancellation | A registered entity files a withdrawal or amends its filing; a sole proprietor or partnership updates the record with the municipal clerk [3] |
A DBA stands for "Doing Business As." It is an alternative name your business uses instead of its registered legal name. In Maine, the filing is handled in two different places depending on how your business is organized.
Sole proprietors and general partnerships register their business name with the clerk of the city or town where the business is located. Maine law has no provision for filing these names at the state level. LLCs, corporations, and other registered entities instead file an assumed name (a d/b/a) with the Secretary of State. [1]
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 is authorized to operate under.
| Brand Fit | Commercial Banking | Multi-Entity Branding | Privacy & Trust |
|---|---|---|---|
| Sole proprietors operate under their personal names by default. A registered business name lets you do business under a professional brand instead. | Maine banks generally require a registered business name before opening a business account in a name other than your legal name. | One LLC or corporation can run several brands or product lines under separate assumed names without forming a new company for each. | A registered name keeps your personal identity off public branding and signals to customers that you are an established business. |
How you register in Maine depends on your business type. Sole proprietors and general partnerships file with the clerk of the city or town where the business is located. LLCs, corporations, and other registered entities file Form ASUM-5 with the Maine Secretary of State. [1]
The Secretary of State checks the names of corporations, LLCs, and other registered entities against all active names on file using the "distinguishable upon the record" standard. A name that does not meet that standard is refused for filing, so a registered entity needs a name that is clearly different from existing records. [1]
You can search existing business names for free through the Maine Corporate Name Search, the Secretary of State online lookup. The state does not check names filed with a municipality, so sole proprietors and partnerships should also confirm their name with the local clerk. [5]
Assumed name rules are light in Maine, but a few hard limits apply.
| Your name must be distinguishable | Match designators to your real structure | Conflicts are partly your responsibility |
|---|---|---|
| A registered entity name must be distinguishable upon the record from names already on file with the Division of Corporations, or the filing is refused. [1] | A business that is not a corporation may not use "corporation," "incorporated," or "limited," or any abbreviation of those words, in its name. Designators must match your actual structure. [4] | The state does not check municipal filings for conflicts, so run a federal trademark search to avoid infringing a protected mark. [6] |
Run a trademark search at the U.S. Patent and Trademark Office (USPTO) as well. Registering an assumed name in Maine gives you no trademark rights and does not stop a federal trademark holder from challenging your use of the name. [6]
Registered entities file Form ASUM-5, the Statement of Intention to Do Business Under an Assumed Name, with the Maine Secretary of State. Sole proprietors and general partnerships instead file a certificate with the clerk of the city or town where the business is located. [2]
| Situation | Fee |
|---|---|
| File Form ASUM-5 as a for-profit entity (Secretary of State) | $125 [2] |
| File Form ASUM-5 as a nonprofit corporation (Secretary of State) | $25 [2] |
| File with a city or town clerk (sole proprietor or general partnership) | Set by each municipality; confirm with your local clerk [1] |
Fees are non-refundable. A rejected or incomplete filing must be corrected and resubmitted before the name is on record.
Corporate filings at the Secretary of State are currently taking 40 to 55 business days. Same-day and next-day expedited service is available for an added fee, and you can confirm a completed filing through the Corporate Name Search. [7]
Keep your file-stamped certificate or attested copy. Banks, vendors, and payment processors will ask for it before they let you operate or accept funds under the assumed name.
A Maine entity's assumed name does not have a fixed state expiration date; it stays in effect until the entity withdraws or amends the filing. Municipal rules differ, so ask your city or town clerk whether a local certificate must be renewed. [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 municipal assumed 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's legal name.
| Feature | DBA (Assumed 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 | Yes, if the name differs from your legal name | No, the LLC name is its legal name |
| Cost to register | Municipal fee or $125 state fee + Swyft service fee | State filing fee + Swyft service fee |
Most Maine assumed name problems come down to the same handful of errors. Here is what to watch out for before you file.
Sole proprietors and general partnerships file with their city or town clerk, while LLCs and corporations file Form ASUM-5 with the Secretary of State. Filing in the wrong place wastes time and money. [1]
Checking Google or a domain registrar is not an official search. Use the Secretary of State Corporate Name Search for entity names, and confirm sole proprietor names with the local clerk. [5]
A business that is not a corporation cannot use "corporation," "incorporated," or "limited" in its name. The designator must match your real structure. [4]
An assumed 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 or municipal approval is not trademark clearance. A federal trademark holder could still force you to stop using the name. [6]
Stale names cause confusion for banks and customers. Withdraw or amend an entity assumed name you no longer use, and update the municipal record where you filed locally.
[1] Maine Secretary of State. Trade Name Protection. Accessed on June 4, 2026.
[2] Maine Secretary of State. Form ASUM-5, Statement of Intention to Do Business Under an Assumed Name. Accessed on June 4, 2026.
[3] Maine Legislature. Title 31, Section 2, Business Under Assumed Name. Accessed on June 4, 2026.
[4] Maine Legislature. Title 31, Section 6, Prohibition of Certain Names. Accessed on June 4, 2026.
[5] Maine Secretary of State. Corporate Name Search. Accessed on June 4, 2026.
[6] U.S. Patent and Trademark Office (USPTO). Trademarks. Accessed on June 4, 2026.
[7] Maine Secretary of State. Corporations Business Services and Processing Times. Accessed on June 4, 2026.
[8] Maine Legislature. Title 31, Section 1, Filing of Certificate. Accessed on June 4, 2026.
Doing Business As (DBA) rules are highly localized. Some states handle them regionally, while others use local counties. Select a state below to see how to register your brand name.