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Alabama does not use the words DBA or assumed name on the Secretary of State forms we read. What the office offers is a trade name registration, run by its Trademarks Division. This page covers that state filing and says plainly what we could not confirm about county records.
What is an Alabama trade name registration?
The Secretary of State's instructions for the application cover three kinds of mark. A trademark identifies goods. A service mark identifies services. A trade name identifies the business, vocation, occupation or profession. All three are administered at the state level by the Secretary of State.
The trade name option is the state-level filing closest to a DBA. It is a registration of a name for the business, not a license to operate.
What does the filing involve?
The instructions list what to send.
- Application. Complete every item that applies, and have it notarized by a notary public.
- Classification. Pick one classification number from the schedule attached to the instructions. A second class means a second application and a second fee.
- Specimens. Three samples that show the name in use. Business cards, brochures, flyers, labels, decals, tags and newspaper ads are listed as acceptable.
- Fee. $30 at filing.
- Federal registration. If one exists for the mark, include a copy.
If the name is a partnership's, the application asks you to list every partner.
What does it protect?
Less than the filing suggests. The office says rights of ownership come from the common law of adoption and usage, not from registration. It also says a rejection does not prevent you from using the name, and that the applicant is responsible for making sure the name does not infringe another mark.
The office recommends getting advice from a trained or licensed professional before you apply. It calls registration of marks a complex matter. Our DBA vs LLC guide explains why a registered name is not a company.
How long does it last?
Five years. The instructions say a registration can be renewed for successive five-year periods, with renewal six months before it expires. Put the date in your calendar when the registration is accepted.
What about county records and searching?
We did not read an Alabama county source on assumed names, and we did not find a statewide DBA index in our sources. The Secretary of State's business entity search covers entities, as described in our Alabama business search guide. Whether your county probate office keeps a name record is something to ask the probate office directly. For search methods across states, see DBA search.
How does this fit with forming an LLC?
Form the LLC first if you want one. The filing fee for an Alabama LLC is $200, covered in our Alabama LLC guide. Check an LLC name with LLC name search. Licenses and tax come after that, and they are in the Alabama business license guide. The general steps for any state are in how to file a DBA.
What should you do before you file?
Search first. The office says the applicant is personally responsible for making sure the name does not infringe another mark. Look for the same or a similar name in business records and in the federal trademark database. Pick the right class, because each extra class means another application and fee. Keep your specimens clean and legible, since the office says altered, defaced or illegible ones are not accepted.
What this page does not cover
It does not cover county filings, renewal fees, or the fee for extra classes. It is not legal advice.