How to File a DBA in Delaware

Image of a man looking up how to file a D B A in Delaware

Registering a Delaware DBA, also known as a trade name, is a simple process that you complete with any county where you do business. To learn more about why you may need a DBA read our What is a DBA article.

How To Use This Guide

Use our free guide below to file for a DBA in Delaware:

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Step 1) Start with a DBA Name Search

“StartThe first step to getting a DBA is choosing the name and making sure it’s available. Your name can be similar to other business names, but it’s still a good practice to create a unique name

Before you file your DBA, you should search the state’s online database of trade names.. You will also need to consider any naming rules.

In Delaware, your trade name should not include:

  • Any business entity suffix, such as LLC, Incorporated, Corp., etc unless the business is actually an LLC, corporation, etc.

Next, a quick search on the U.S. Trademark Electronic Search System will tell you whether someone else has already trademarked your name.

Now would be the perfect time to make sure there’s a web domain available for your DBA as well.

Find a Domain Now

Service provided by GoDaddy.com

After registering a domain name, consider setting up a professional email account (@yourcompany.com). Google's G Suite offers a business email service that comes with other useful tools, including word processing, spreadsheets, and more. Try it for free

Step 2) Register Your DBA with the County Prothonotary

“RegisterIn Delaware, you register your trade name with any county where your company does business.

DBA regulations are managed by the state of Delaware, and the process and form for each of Delaware’s three counties is the same.

DBA does not offer any protection for your personal assets in the event that your business is sued. For more information on setting up a limited liability company, visit our How to Form an LLC page and select your state.

 

How to File a Delaware DBA

At this point, you should’ve already chosen a name for your business and completed the name searches in Step 1 above. Delaware requires that you also check their trade name records before you start the DBA filing process.

Forms

The registration form must be notarized.

Submit Your Trade Name Registration Form

Walk-In or Mail

New Castle County

Leonard L. Williams Justice Center
Prothonotary
Superior Court
500 North King Street,
Suite 500, LL1
Wilmington, DE 19801-3746

Kent County

Kent County Courthouse
Prothonotary
Superior Court
38 The Green
Dover, DE 19901

Sussex County

Sussex County Courthouse
Prothonotary
Superior Court
1 The Circle, Suite 2
Georgetown, DE 19947

Fees

  • $25 filing fee for each county

 

Manage Your Delaware DBA

DBA Questions

Call your county office with questions:

New Castle: (302) 255-0825
Kent: (302) 735-1900
Sussex: (302) 735-1900

Renew Your DBA 

Your Delaware trade name does not need to be renewed.

Change Your DBA 

To make changes to your DBA, fill out the Supplemental Change Form. There is a $25 filing fee.

Withdraw Your DBA 

To cancel your trade name, fill out the Termination Affidavit Form.

FAQ

Can I file a DBA online in Delaware?

No, you must file in person or by mail. 

 

How do I withdraw my Delaware DBA? 

To cancel your trade name, fill out the Termination Affidavit Form.

 

How do I change my DBA in Delaware?

To make changes to your DBA, fill out the Supplemental Change Form. There is a $25 filing fee.

 

How often should I renew my Delaware DBA?

You do not need to renew your Delaware trade name.

 

When is a DBA required in Delaware?

A DBA is required whenever a business is operating under a name other than its legal name.

 

How do I transfer my DBA in Delaware?

Most transfers can be completed by filing an amendment to change the owner’s name.

 

How many DBAs can I have?

You can have as many DBAs as you can afford to create and are able to keep track of. However, more isn’t necessarily better. Each one will come with additional incremental expense and paperwork, so you will want to make sure you have a good reason for each one you have.

 

Can a DBA get an EIN or Tax ID?

DBAs aren’t required to have a separate EIN because DBAs aren’t a business entity. The business entity that the DBA is under would have an EIN if an EIN is required.

To learn more about EINs and when you would need one for your business, read What is an EIN from our friends at TRUiC.

 

Can a DBA become an LLC?

Your DBA is just a name. A DBA is often confused with a sole proprietorship. If you mean “can my sole proprietorship become an LLC?” then the answer is “Yes. Absolutely.”

To learn how to form an LLC, visit our Form an LLC state guides.

 

Can a DBA have "Inc." in the name?

A DBA can only have "Inc." in the name if the business entity the DBA is attached to is incorporated. Incorporated businesses include LLCs, corporations, and Limited Partnerships to name a few.

 

How do I set up a DBA for a rental property?

It’s always best to consult an attorney. Usually, the best option is to form an LLC to protect your personal assets in the event of an issue with the rental property. Holding the rental property in your name and with a DBA will not afford you any protection.

 

Is my DBA protected from being used in other places?

There are some state-level laws that prevent DBAs that are too similar to existing ones from being used, but this varies from state to state. It is possible to trademark a DBA, which would offer stronger protection across state lines.

Need Help?

Need Help Filing Your D B AA professional service will handle filing your DBA on your behalf, allowing you to focus on the other needs of your new business.