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Registering a DBA isn't required in Alabama, but doing so can discourage other businesses from using the same name. You must already be using your DBA before you register it?and be able to provide examples of how you're using it as part of your trade name application.
It allows you to legally recognize what your customers might end up calling your business anyhow because they are likely to drop the ?LLC" or ?Inc." designation. By registering a trade name, you can use the trade name freely without concerns that you are misidentifying your business.
The Common Law of Alabama states that once you adopt and use a mark and are documented as the first to use such mark, you are entitled to exclusive rights to that mark. Any conflict of ownership is handled outside the Secretary of State's Office and is an issue for the courts.
In Alabama, applications to register a trade name are filed with the Lands & Trademarks Department of Alabama Secretary of State. The effective term for mark registrations is five years. Trade names may be renewed by submitting an application for renewal, one copy of application and the renewal fee.
A trade name is also known as a fictitious name or a DBA (doing business as). A registered business entity can file for Registration of Trade Name (Form T-1) as long as the name is different from its registered name.
Attach the filing fee of thirty dollars ($30.00) payable to the Alabama Secretary of State. No starter checks will be accepted. If paying by credit card, please fill out and attach the credit card payment slip.
Do I need a DBA in Alabama? Alabama does not require General Partnerships or sole proprietorships to file a DBA. LLCs and corporations are required to file a DBA in Alabama.
There is no brand name protection for a trade name that is solely a trade name. However, you can use your name as a trademark and register for federal trademark protection of a trade name if your business sells or provides services in interstate commerce under a trademark that is the same as your trade name.