If you’re planning to start a business in Nebraska using a specific name, you may need to register for a business name. Business name registration is commonly referred to as a Nebraska DBA, “Doing Business As,” or Fictitious Business Name, but is officially called a Trade Name.
Check out our guide to see if you need to register for a Nebraska Trade Name and the steps to register.
Related: Starting A Business In Nebraska Checklist
Who needs to register for a Trade Name?
Registering a Trade Name in Nebraska is voluntary but may benefit a business. The requirements for and need to register a Trade Name vary depending on the type of business entity.
A sole proprietorship and general partnership are the most common business structures to register for a Nebraska DBA. By default, the name of a Nebraska sole proprietorship and general partnership is the owner(s) legal name. But, unlike most states, it is optional for a Nebraska business to register for a Trade Name.
The legal name of a sole proprietor or partnership can be the owner’s full first and last name, which can be used without registering. For example, if John Smith starts a business power washing driveways, he wouldn’t need to register his name, but if John wants to register the business as John’s Power Washing, then he may want to register.
Reasons a sole proprietorship or partnership will want to register:
- Proves the small business exists.
- Banks, merchant processors, and vendors may require one to open a business bank account or to get a loan.
- It puts other businesses on notice that your name is registered.
- No other business in Nebraska can register the same name as one that is registered.
Related: How To Start A Nebraska Sole Proprietorship
A corporation and Limited Liability Company won’t typically register for a Nebraska DBA since a unique entity name is created during the entity formation process. However, some will want to register for a DBA if they have another business or brand name they want to operate in addition to the legal name of the business. This can allow multiple businesses to operate with the liability protection of a Nebraska corporation or Limited Liability Company without having to form another entity.
Steps to Register a Nebraska Trade Name?
Step 1: Verify Name Availability
Trade Names must be unique or not too similar to other names registered with the Secretary of State. To see if the name you want is available, do a Nebraska business search on the Nebraska Secretary of State website.
Step 2: Fill out the Form
The Trade Name application is available as a Printable Form and Online Form.
Information requested on the form includes:
- Trade name being requested
- Address of the applicant
- Type of business entity
- Date the name was first used
- General nature of the business (What the business does)
- Signature
Step 3: Submit the Form
Submit the filing fee and form. If mailing, send to:
Secretary of State’s Office
Business Services Division
P.O. Box 94608
Lincoln, NE 68509
Step 4: Publish a Legal Notice
After filing the completed form, there are also publication requirements for completing the registration.
A legal notice stating the trade name was published must be advertised in a newspaper of general circulation in the city or village where the business is located. A newspaper with county circulation may be used if the business is not located within a city or village.
Step 5: File the Affidavit
After the legal notice runs, the newspaper will provide an affidavit that the applicant must file with the Secretary of State’s office within 45 days of filing the Trade Name.
If you have questions about the process, you can contact the Nebraska Secretary of State at 402-471-4079.
Nebraska DBA FAQs
How much does it cost to register a Trade Name in Nebraska?
The Nebraska Trade Name registration state filing fee is $100.
Renewals for a Trade Name are required every ten years after registration.
Are there any naming restrictions when filing a Nebraska DBA?
A Trade Name can’t be registered if it:
– Uses immoral, deceptive, or scandalous wording.
– Contains wording that suggests a connection with people, institutions, beliefs, or national symbols.
– Simulates the flag, coat of arms, or any insignia of the United States, municipality, or foreign nation.
– Is geographically misleading.
– Could cause confusion because it is too similar to another business name.
– Uses a business entity suffix that is different from the type of entity. For example, a sole proprietorship can’t use LLC or corporation in its name.
– A name can’t be used if it includes the word u0022geologistu0022 or anything similar unless approved by the Nebraska Board of Geologists.
– Any terms that infer the business is a financial institution, such as bank, banker, banc, savings, credit union, trust company, etc., can’t be used.
Can someone use my business name after registering a Trade Name?
While registering your Trade Name will keep someone else from registering the same name in Nebraska, it does very little to stop someone else from operating a business under that name in other states.
If stopping others from using your business name is important, you can protect it through a federal trademark through the U.S. Patent & Trademark Office.
Learn more about trademarking a business name.