If you’re planning to start a business in West Virginia under a name other than your own, you may need to register for a business name. Business name registration is commonly referred to as a West Virginia DBA, “Doing Business As, or Assumed Name, but is officially referred to as a Trade Name.
To see if you need to register for a West Virginia Trade Name and steps on how to register, check out our guide.
Related: Starting A Business In West Virginia Checklist
Who needs to register for a West Virginia Trade Name?
The requirements for registering a Trade Name are organized under West Virginia Statutes. These requirements vary depending on the type of business entity.
Sole proprietorships and general partnerships are the most common business structures for registering for a West Virginia DBA. By default, the name of a sole proprietorship and general partnership is the owner(s) legal name. For example, if Kyle Reese starts a business repairing electronics operating under the name Kyle Reese, he doesn’t need to register for a Trade Name in West Virginia. If Kyle decides to name his business Kyle’s Electronics Repair or even Kyle Reese’s Electronics Repair, then he needs to register.
Related: How To Start A Sole Proprietorship In West Virginia
Corporations and Limited Liability Companies won’t typically register for a West Virginia 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 corporation or Limited Liability Company without forming another entity.
What are the steps to file a DBA in West Virginia?
Sole Proprietorships & Partnerships
Step 1: Register with the West Virginia State Tax Department
The first step in registering for a Trade Name in West Virginia is to register with the West Virginia State Tax Department. The West Virginia Secretary of State won’t process the Trade Name Registration application until the business has registered.
Step 2: Verify Name Availability
An individual, sole proprietorship, or general partnership may not register a name that is the same or similar to another name registered with the West Virginia State Tax Department. Learn how to do a business name search in West Virginia.
Step 3: Fill out the Trade Name Registration (Form TN-1)
Next, fill out the Trade Name Registration Form. The form is available for download or online through the One Stop Business Portal. Information needed on the TN-1 form includes:
- Fictitious name being registered
- Name and address of the owner(s)
- Contact name, phone number, and email
- Signature of applicant
Step 4: Submit the Paperwork
The paperwork can be submitted online, by mail, or through one of the West Virginia Secretary of State’s Business Service Centers:
Charleston: 1615 Washington Street East Charleston, WV 25311
Clarksburg: 200 West Main Street Clarksburg, WV 26301
Martinsburg: 229 E. Martin Street Martinsburg, WV 25401
If you have questions about the process, you can contact the Secretary of State at 866-767-8683 or business@wvsos.gov
Corporations & Limited Liability Companies
Step 1: Verify Name Availability
A West Virginia LLC or corporation may not register a name that is the same or similar to another business in West Virginia.
Names can be searched on the Secretary of State’s website. Learn how to do a business name search in West Virginia.
Step 2: Fill out the Trade Name Registration (Form NR-3)
The NR-3 form is available for download or online through the One Stop Business Portal. Information needed on the NR-3 form includes:
Information requested on the form includes:
- The current legal name of the business
- Trade Name being applied for
- Address of the principal office
- Name, phone number, title, and signature of the applicant
Step 3: Submit the Form
The paperwork can be submitted online, by mail, or through one of the West Virginia Secretary of State’s Business Service Centers:
Charleston: 1615 Washington Street East Charleston, WV 25311
Clarksburg: 200 West Main Street Clarksburg, WV 26301
Martinsburg: 229 E. Martin Street Martinsburg, WV 25401
West Virginia Trade Name FAQs
How much does a DBA cost in West Virginia?
Sole Proprietorships & Partnerships – $0
Corporations & LLCs
– Standard processing (5-10 business days) – $25
– 24-hour processing – $50
– 2-hour processing – $275
– 1-hour processing – $525
How long does it take to process the West Virginia Trade Name application?
Normal processing is 5-10 business days, but expedited processing is available for an additional fee.
After registering the Trade Name, can someone steal my business name?
While registering your Trade Name will keep someone else from registering the same name in West Virginia, it does little to stop someone else from operating that business name in other states. If stopping others from using your business name is important, you can protect it through a trademark.
Related: How to trademark a business name
Are there any Trade Name restrictions?
Trade Names can’t be registered using words related to banking or engineering unless the business is licensed to provide those services.
Does a DBA need an EIN?
An EIN or Employer Identification Number is a unique nine-digit number that some businesses register for through the Internal Revenue Service (IRS). An EIN is required for partnerships, corporations, multi-member LLCs, or any business that has employees.
Sole proprietorships and single-member LLCs without employees can use the owner’s social security number to identify the business.
There is no cost to get an EIN when registering directly from the IRS.
