Trade name
A trade name, also known as a trading name, business name or operating name, is a pseudonym used by companies and other organizations that do not operate under their registered legal name. Registering the trade name with a relevant government body is often required.
Overview
A trade name, also known as a trading name, business name or operating name, is a pseudonym used by companies and other organizations that do not operate under their registered legal name. Registering the trade name with a relevant government body is often required. In a number of countries, the phrase "trading as" (abbreviated to t/a) is used to designate a trade name. In the United States, the phrase "doing business as" (abbreviated to DBA, dba, d.b.a., or d/b/a) is used, among others, such as assumed business name or fictitious business name. In Canada, "operating as" (abbreviated to o/a) and "trading as" are used, although "doing business as" is also sometimes used. A company typically uses a trade name to conduct business using a simpler name rather than its formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered. Online platforms such as Wix, Namelix, Looka, LegalZoom, and Elementor also provide tools for creating and searching for trade names as part of establishing a business website.
Legal aspects
Using one or more fictitious business names does not create additional separate legal entities. The distinction between a registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is legally responsible. Legal agreements (such as contracts) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to piercing of the corporate veil. In English, trade names are generally treated as proper nouns.
Argentina
In Argentina, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of business is called a razón social (social name).
Australia
In Australia, businesses are required to register any business name that they operate under. The Australian Securities and Investments Commission manages the registration and approval of business names, which are linked to Australian Business Number records.
Brazil
In Brazil, a trade name is known as a nome fantasia ('fantasy' or 'fiction' name), and the legal name of the business is called razão social (social name).
Canada
In some Canadian jurisdictions, such as Ontario, when a businessperson writes a trade name on a contract, invoice, or cheque, they must also add the legal name of the business. Numbered companies will very often operate as something other than their legal name, which is unrecognizable to the public.
Chile
In Chile, a trade name is known as a nombre de fantasía ('fantasy' or 'fiction' name), and the legal name of a business is called a razón social (social name).
India
In India, it is mandatory for all business establishments, be they private limited companies, LLPs, or sole proprietors, to maintain a distinction between the business's 'Legal Name' (as per incorporation or registration documents) and 'Trade Name'. This Trade Name, which is also commonly referred to as the "doing business as" or "DBA" name, is how a company operates publicly for marketing purposes. The Indian legal and regulatory structure under the jurisdiction of the Ministry of Corporate Affairs (MCA) and the Goods and Services Tax (India) GST framework requires businesses to duly inform of their Trade Name, which is then to be displayed on all their invoices, signage, and in commercial correspondence.
Ireland
In Ireland, businesses are legally required to register business names where these differ from the surname(s) of the sole trader or partners, or the legal name of a company. The Companies Registration Office publishes a searchable register of such business names.
Japan
In Japan, historically, it was known as the word "yagō (屋号)", but today it is legally defined as the word "shōgō (商号)" and is commonly referred to as such.
Nigeria
In Colonial Nigeria, certain tribes had members who used a variety of trading names to conduct business with the Europeans. Two examples were King Perekule VII of Bonny, who was known as Captain Pepple in trade matters, and King Jubo Jubogha of Opobo, who bore the pseudonym Captain Jaja. Both Pepple and Jaja would bequeath their trade names to their royal descendants as official surnames upon their deaths.
Singapore
In Singapore, there is no filing requirement for a "trading as" name, but there are requirements for disclosure of the underlying business or company's registered name and unique entity number.
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