Wisconsin DBA
How to Get a Trade Name in Wisconsin
If you operate a Wisconsin business using a name that isn't your legal business name, you're using a Wisconsin DBA. Called trade names in Wisconsin, DBAs can be used to advertise your business, engage with customers on social media, add brands to an existing business, and more. Any type of business can use a DBA, including Wisconsin sole proprietors, general partnerships, LLCs, and corporations. Wisconsin treats trade names the same as trademarks, and the process to register one in Wisconsin involves performing a business name search, filing an application online or in-person, and paying a $15 fee. Our guide shows you why you how to get a Wisconsin DBA.
Your Wisconsin DBA Guide:
What is a Wisconsin DBA?
A Wisconsin DBA (trade name) is an alternate name that any type of Wisconsin business can use. An LLC or corporation might use a DBA to shorten their legal business name, or to expand their business offerings without having to create a new separate entity. For a sole proprietor, who’s legal business name is their full name, a DBA can let them use business a name that sounds professional or is in line with the types of services or products they sell. DBAs can be used in much the same way you’d use your legal business name,including to:
- Create websites and social media accounts (Facebook, Instagram, etc…)
- Advertise (billboards, print media, radio, television, business cards, etc…)
- Opening a business bank account
- Setting up a point-of-sale system
Remember, a DBA is just a name for your business and not a business itself. With a DBA, you’ll still file taxes under your legal business name and existing EIN (or SSN for most sole proprietors).
Note: If you want even better protection for your trade name, you might consider registering a trademark at the federal level. Securing a trademark for your business name can help bolster your argument of ownership in the event of a trade name dispute.
Why Register a Wisconsin DBA?
While Wisconsin doesn’t require a business to register a DBA in order to use it, WI ST § 132.01 “recognizes a common law and statutory cause of action for infringement of trademarks and trade names. Registering a DBA in Wisconsin won’t prevent other businesses from using it, it does alert other businesses that the name is being used, which may discourage other businesses from taking it. Wisconsin recognizes common law trade names, which means that the first business to use a trade name is the owner, whether they register it or not. Registering a trade name in Wisconsin makes it easier to prove the your business was using the name first. That’s why registering your DBA with the state, while not required, is an important step in helping to secure a DBA for your business. And for only $15, it’s a no-brainer.
Here are a few other reasons why you might want to register a DBA:
You’re a Wisconsin Sole Proprietor
If you’re a sole proprietor that hand knits baby blankets, using your full name as your business name might not alert customers to what your business does or offers. Instead of doing business using your name, you can use a DBA. Next thing you know, “Knit Knack Paddy Whack”is bringing in the big bucks with a catchy business name.
You Want to Use a Different Business Name
Sole proprietors aren’t the only ones who can benefit from using a DBA. For example, if an LLC or corporation’s legal business name no longer describes the services or products the business sells, a DBA allows them to get a new name without having to register a brand new business or file state paperwork to amend their name.
Your Business is Expanding
A Wisconsin DBA gives your business the flexibility to spread its wings and offer new products and services to customers. If you’re in business cleaning houses with one business name but want to expand into home repair, you can file for a DBA name without having to form an entirely new business. If you’re an LLC or corporation, this means that your new product line or service will continue to have limited liability protection under the original entity.
You Conduct Business Using Your Domain Name
If your legal business name is “Hot Boyz Recording Studio, LLC,” but your domain name isn’t available, you might end up registering a different domain name. If your domain name becomes the forward-facing business name that you use on business cards, advertisements, social media, and to take customer payments, you’ll need to get a DBA.
Will registering a Wisconsin DBA protect my privacy?
Wisconsin’s DBA application requires you to list the legal name of the business and the business address. If you’re a sole proprietor, this means listing your full name and business address, which definitely won’t protect your privacy. The best way to safeguard your privacy is to hire a Wisconsin registered agent and form a Wisconsin LLC. If you hire Northwest as your registered agent, we’ll list our name and address on all of your LLC filing documents.
Because a Wisconsin LLC doesn’t have to list member information on their formation documents, if someone looks up your DBA, they’ll find it connected to your LLC, and they won’t be able to trace the LLC to your name. That’s just one more way we help our customers live privately.
How to Get a DBA in Wisconsin
Before you get started on registering a DBA, you’ll need a Wisconsin seller’s permit. If you’ve been in business for awhile, you probably already have one. In fact any business that makes retail sales in Wisconsin is required to register for one. If you’ve already completed the Application for Wisconsin Business Tax Registration, you may have noticed that it allows for you to list a trade name. This is not the same as registering your DBA. To register your DBA in Wisconsin you’ll need to:
If you don’t already have an account with Wisconsin’s UCC and Trademark filing system, now’s the time to get one. An online account will let you search trademarked names, and make registering a DBA easier. Creating an account is simple, just enter your contact information and set yourself up with a user name and password.
You’ll need to start your DBA registration journey by searching Wisconsin’s business name records to make sure your trade name isn’t overly similar to any other registered entity names. While Wisconsin allows multiple businesses to use the same or similar DBA names, naming your business after an already established LLC or corporation is not allowed. You’ll also want to search Wisconsin’s Trademark Portal to make sure your trade name hasn’t been trademarked in the state.
The DBA you choose must meet Wisconsin business naming guidelines. In Wisconsin, a trade name can’t contain any of the following:
- Business entity suffixes like LLC or Inc. unless your business is one of these.
- The word “insurance” unless you’re in the insurance industry.
- Any words that imply your business is organized for illegal reasons.
- The words “architecture,” “engineering,” or “designing” without the proper governmental approval.
Log into your account and select the “Register a Trademark” option. You’ll be asked to include the following information:
- Legal name of your business
- Business mailing address
- EIN or SSN
- Trade name to be registered
- List the 2-digit classification of goods and services you will file your trade name under
- Enter the date you first used or plan to use the trade name (this can’t be more than 30 days in the future)
Note: Online or in-person filings are the only way to register a trade name. In-person filings can be completed at:
Trademark Records Section
WI Dept of Financial Institutions
4822 Madison Yards Way, North Tower
Madison WI 53705
Once you’ve completed the application, you’ll need to print it, get it notarized, and then scan and upload the application as a PDF file to your online account. Once that’s completed you’ll be able to submit payment.
How to Renew a Wisconsin DBA
You can renew your Wisconsin DBA online through the UCC and Trademark online filing portal. Just log in and go to “Renew Trade Mark or Trade Name.” You can also renew your DBA in-person by filing your renewal application with:
Trademark Records Section
WI Dept of Financial Institutions
4822 Madison Yards Way, North Tower
Madison WI 53705
Wisconsin DBAs last for 10 years, and to renew your DBA you’ll need to file six months before it expires. Renewing your DBA costs $15.
Can I cancel my DBA in Wisconsin?
If you need to cancel your DBA, simply go online to the UCC and Trademark website and choose the “Cancellation of Trade Name/Trademark” form. Fill it out and submit it. There is no fee to cancel your DBA name.
Registering a DBA vs. Starting a Business
Registering a DBA is not the same thing as starting a business. A DBA is just a name, not a business. Starting a business is a big undertaking, and if you’re looking to start a business in Wisconsin, you have two options:
1. Sell a product or service
Sole proprietors (one owner) and general partnerships (two or more owners) are two of the most popular business types because they are easy to start (just sell something) and require no formal state paperwork (except business licenses when applicable) or filing fees.
2. Register your business with the state
To form a business entity like a Wisconsin LLC or corporation, you’ll need to file state formation documents and pay a registration fee. Formal entities like LLCs and corporations offer liability protection for their owners. This means that if your business gets sued or goes bankrupt, your personal assets won’t be at risk of being used to settle any legal actions.
DBA vs. Wisconsin LLC
A Wisconsin DBA is a business name that acts like an alias for your business. A Wisconsin LLC is a business entity, registered with the state, that gives the owners liability protection in the event of a lawsuit or bankruptcy. Getting a DBA for your business just gives it a name that it can use for marketing, bank accounts, and paying vendors. Forming an LLC for your business creates a distinct legal entity, separate from its owners. It is this separation that provides the legal protection that makes LLCs so popular.
Wisconsin DBAs are an easy and affordable way for a business owner to give their business a name. But remember, its just a name, not a distinct entity that provides protection from lawsuits. If you want to protect your assets and give your business a unique name, forming a Wisconsin LLC is what you’re looking for, and Northwest can help!
Learn why you should turn your sole proprietorship into an LLC.
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Wisconsin DBA FAQs
No. Wisconsin statutes do not require the registration of trade names. This means that Wisconsin’s Department of Financial Institutions has only a partial listing of names in use by businesses operating in Wisconsin. If you plan to use a business name other than its legal name, you have two choices. You can give it a DBA without registering it, or you can register a DBA in an official capacity. Not registering a DBA is free, but registering a DBA only costs $15, and it lasts for 10 years.
A DBA costs nothing if you don’t register it with the state. However, if you choose to register your DBA, it will cost $15.
Registered trade names are valid for 10 years. You’ll need to renew your trade name six months before it expires.
No. Once your name is filed with the state, you’ll need to cancel it and file a new DBA.
It takes the state about 3-5 days to process your trade name filing.
You can use a DBA to open up a bank account if you want to, but it isn’t necessary.
You won’t need a separate EIN for your DBA, because a DBA is just a name, not a taxable business entity. Multi-member LLCs and corporations will need to get an EIN for tax and employment purposes, but you don’t need a separate EIN for your DBA.
You can have as many Wisconsin DBAs (trade names) as you want. If you plan to register each one, you’ll need to follow the same filing procedure and pay the $15 state fee for each.
Some states refer to DBAs as fictitious names, but in Wisconsin, the term “fictitious name” is only used for foreign business entities that want to do business in Wisconsin but find that their business name is already in use. To secure a fictitious name for your foreign business, you’ll need to fill out and submit an Adoption of Fictitious Name application to Wisconsin’s Department of Financial Institutions.
Since a DBA is just a name and not a legal entity, you’ll need to use the legal name of your business in order to enter into any contract. You’ll also want to be transparent that your business uses a DBA. For example, a sole proprietor using a DBA would sign a contract “Charles Smith, DBA Madison History Tours.”
Your legal business name is the one that appears on the business’s government documents (state filings, tax filings, etc.).
- For formal business entities like LLCs, corporations, and nonprofits, a business’s legal name is the name listed on its formation documents, including the company’s corporate identifier (“Company Name, LLC,” “Company Name, Inc.,” etc.).
- For sole proprietors, a business’s legal name is the owner’s legal name.
- For general partnerships, a business’s legal name is the partners’ last names.
