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Before going into the details, here is a quick checklist for registering a DBA in North Dakota.
| Official Term | Trade name (also called a "doing business as" or DBA name) [3] |
|---|---|
| Filing Agency | North Dakota Secretary of State, filed online through the FirstStop Portal [1] |
| Form | Trade Name Registration, filed in the FirstStop Portal [1] |
| State Fee | $25 for an original trade name registration [3] |
| Processing Time | Online filings through FirstStop are processed electronically; the certificate is indexed within 30 days of registration [3] |
| Renewal Required | Yes. A trade name registration remains in force for 5 years and may be renewed within 90 days before it expires [3] |
| Cancellation | File a voluntary request for cancellation on a form prescribed by the Secretary of State [3] |
A DBA stands for "Doing Business As." It is an alternative name your business uses instead of its registered legal name. In North Dakota, the official term is "trade name," and the filing is called a trade name registration.
Under North Dakota Century Code Chapter 47-25, a trade name is a name that does not include the true name of the organization or the first name and surname of each individual using the business name. Any business that wants to operate under such a name must register it before using it in the state. [3]
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 | Name Protection |
|---|---|---|---|
| Sole proprietors operate under their personal names by default. A trade name lets you do business under a professional brand instead. | North Dakota banks generally require a registered trade name before opening a business account in a name other than your legal name. | One entity can run several brands or product lines under separate trade names without forming a new company for each. | Registration grants the owner the exclusive right to that name in North Dakota, so no other business may file a name that is not distinguishable from it. |
North Dakota registers trade names at the state level. You file your trade name registration with the North Dakota Secretary of State through the online FirstStop Portal, so there is no separate county filing for a trade name. [1]
Your trade name must be distinguishable in the records of the Secretary of State from any name already reserved or registered. If your proposed name is not distinguishable, the filing cannot be processed without a signed consent to use the name and a $10 fee, or a court judgment establishing your prior right. [3]
Check your name for free using the FirstStop Business Search. Because the state grants the first registrant the exclusive right to a distinguishable name, a clear search protects your brand before you file. [5]
North Dakota trade name rules are straightforward, but a few hard limits apply.
| Your name must be distinguishable | No entity designators | Conflicts are your responsibility |
|---|---|---|
| A trade name must be distinguishable in the records of the Secretary of State from any name already reserved or registered, under the name standards in North Dakota Administrative Code chapter 72-03-02. [6] | A trade name may not contain "company," "corporation," "incorporated," "limited," or their abbreviations unless the owner is a corporation, LLC, or partnership of that type. [3] | The Secretary of State does not check the federal trademark registry, so run a federal trademark search to avoid infringing a protected mark. [4] |
Run a trademark search at the U.S. Patent and Trademark Office (USPTO) as well. A North Dakota trade name protects the name in this state only. It does not protect the name nationwide, and a federal registration may supersede the protection afforded by state law. [3]
File your Trade Name Registration with the Secretary of State through the FirstStop Portal. North Dakota also allows trade name registrations to be filed by electronic communication. [3]
| Situation | Fee |
|---|---|
| Original trade name registration | $25 [3] |
| Consent to use a similar (not distinguishable) name | $10 [3] |
| Assignment of a trade name | $25 [3] |
Note: FirstStop is the fastest route because the system processes your filing electronically and returns confirmation when the registration is accepted.
Once the Secretary of State registers your trade name, a certificate of registration is indexed and a copy is provided to the registrant within 30 days of registration. [3]
Keep the certificate. Banks, vendors, and payment processors will ask for it before they let you operate or accept funds under the trade name.
A North Dakota trade name registration is not permanent. It remains in force for 5 years from the date of registration and may be renewed within 90 days before its expiration date by reregistering in the same manner as an original registration. The Secretary of State notifies the registrant at least 90 days before expiration. [3]
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 | Yes, if the name differs from your legal name | No, the LLC name is its legal name |
| Cost to register | $25 state fee + Swyft service fee | State filing fee + Swyft service fee |
Most North Dakota trade name problems come down to the same handful of errors. Here is what to watch out for before you file.
The Secretary of State will not process a trade name that is not distinguishable from a name already on record without a signed consent and a $10 fee. Search first so you do not pay twice. [3]
A sole proprietor cannot include "company," "corporation," "incorporated," or "limited" in a trade name unless the business is actually organized that way. The name must match your real structure. [3]
A North Dakota trade name protects the name in this state only. It does not give you nationwide rights, and the Secretary of State does not check the federal trademark index. [3]
A trade name registration lapses if it is not renewed within 90 days before its 5-year expiration date. Calendar the renewal so your filing does not lapse. [3]
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. [4]
[1] North Dakota Secretary of State. Register a Business. Accessed on June 4, 2026.
[2] North Dakota Secretary of State. FirstStop Portal Online Filing System. Accessed on June 4, 2026.
[3] North Dakota Legislative Branch. North Dakota Century Code Chapter 47-25, Trade Names. Accessed on June 4, 2026.
[4] U.S. Patent and Trademark Office (USPTO). Trademarks. Accessed on June 4, 2026.
[5] North Dakota Secretary of State. FirstStop Business Search. Accessed on June 4, 2026.
[6] North Dakota Legislative Branch. North Dakota Administrative Code Chapter 72-03-02, Name Standards. Accessed on June 4, 2026.
[7] Internal Revenue Service. Get an Employer Identification Number (EIN). Accessed on June 4, 2026.
