If you’re planning to start a business in Wisconsin under a name other than your own, you may need to register for a Wisconsin DBA, also known as a “Doing Business As,” Trade Name, or Fictitious Firm Name.

To see if you need to register for a Wisconsin DBA and steps on how to register, check out our guide.

Related: How to start a business in Wisconsin

Who needs to register?

Sole proprietorships and general partnerships are the most common business structures to register for either a Wisconsin Trade Name or Firm Name, but this registration is optional.

By default, the name of a sole proprietorship and general partnership is the owner(s) legal name, but, unlike most states, Wisconsin State statutes¹ do not make it a requirement to register a business name.  For example, if Jane Smith starts a small business repairing computers operating under Jane Smith, she doesn’t need to consider registering for a Trade Name or Firm Name in Wisconsin.  If Jane decides to name her business Jane’s Computer Repair or even Jane Smith’s Computer Repair, then she may want to register. 

Even though name registration is optional in Wisconsin for a sole proprietor or partnership, many businesses will register their name, as some vendors and banks will require the registration as proof of business ownership. Making the matter of registering a little more complex, a sole proprietor or partnership can either register the name through the state (Trade Name) or the county (Firm Name).

Related: How to start a sole proprietorship in Wisconsin

Corporations and Limited Liability Companies won’t typically register for a Trade Name since a unique entity name is created during the entity formation process. However, some will want to register for a Trade Name 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 Wisconsin corporation or Limited Liability Company without having to form another entity.

Steps to file a Wisconsin Trade Name

Registering a business name in Wisconsin for a sole proprietorship or partnership can be done by either filing a Trade Name by filling out the State of Wisconsin Department of Financial Institutions (DFI) Trade Name Registration Form or a Firm Name from the Register of Deeds in the country where the business is located. A Wisconsin LLC or corporation can only register for a Trade Name.

For sole proprietors or partnerships, the Trade Name is often the better choice since it is less expensive and provides trademark protection throughout the state.

Step 1: Verify Name Availability

A business may not legally register a company name that is the same or similar to another business in Wisconsin.

To see if your name is available, you can do a Wisconsin trademark search on the Wisconsin DFI website. Note that there are restrictions on the types of names that can be trademarked, such as using words related to banks or insurance, unless the business is licensed to provide those services.

Step 2: Fill out the Trademark Form

Information requested on the trademark paperwork includes:

• Legal name of the business
• Physical office address
• Mailing address
• Name being registered
• What the business does
• Contact information of the applicant

Step 3: Notarize the Form

If filing the paper form, be sure to have a notary witness the signing of the document.

Step 4: Submit the Form

The trademark form can be submitted online or in person at the Wisconsin Department of Financial Institutions office. The address is:
4822 Madison Yards Way
North Tower
Madison, WI 53705 

If you have questions about the process, you can the Wisconsin Department of Financial Institutions at 608-266-8915 or DFI-Trademark@wisconsin.gov.

Steps to File a Wisconsin Firm Name

Step 1: Verify Name Availability

A Firm Name can’t be registered if there is another business operating locally with the same name. To research, check listings in the phone book or county real estate index in the Register of Deed’s office. In addition, you should also do a Wisconsin trademark search on the Wisconsin Department of Financial Institutions website.

Step 2: Fill out the Firm Name Form

Many Register of Deeds offices have the Firm Name form available online. Only one form will be needed in the county where the business is located.

Information on the Firm Name form typically includes:

• Business structure
• Name of the owner(s)
• Owner’s relationship to the business
• Address of the owners

Wisconsin DBA FAQs

Sources

1. Wisconsin State Statute 132.01 ↩︎