Trade name
A trade name, trading name, or business name is a pseudonym used by companies that do not operate under their registered company name. The term for this type of alternative name is a "fictitious" business name.[1] Registering the fictitious name with a relevant government body is often required.
This article is about businesses. For cultivated land plants, see Cultivar § Trade designations and selling names. For pharmaceuticals, see Drug nomenclature § Trade names. For other products and services, see Brand name.
In a number of countries, the phrase "trading as" (abbreviated to t/a) is used to designate a trade name. In the United States, the phrase "doing business as" (abbreviated to DBA, dba, d.b.a., or d/b/a) is used,[1][2] among others, such as assumed business name[3] or fictitious business name.[4] In Canada, "operating as" (abbreviated to o/a) and "trading as" are used, although "doing business as" is also sometimes used.[5]
A company typically uses a trade name to conduct business using a simpler name rather than using their formal and often lengthier name. Trade names are also used when a preferred name cannot be registered, often because it may already be registered or is too similar to a name that is already registered.
Legal aspects[edit]
Using one (or more) fictitious business name(s) does not create one (or more) separate legal entities.[2] The distinction between a registered legal name and a fictitious business name, or trade name, is important because fictitious business names do not always identify the entity that is legally responsible.
Legal agreements (such as contracts) are normally made using the registered legal name of the business. If a corporation fails to consistently adhere to such important legal formalities like using its registered legal name in contracts, it may be subject to piercing of the corporate veil.[6]
In English, trade names are generally treated as proper nouns.[7]
By country[edit]
Canada[edit]
In some Canadian jurisdictions, such as Ontario, when a businessperson writes a trade name on a contract, invoice, or cheque, he or she must also add the legal name of the business.[8]
Numbered companies will very often operate as something other than their legal name, which is unrecognizable to the public.
Ireland[edit]
In Ireland businesses are legally required to register business names where these differ from the surname(s) of the sole trader or partners, or the legal name of a company. The Companies Registration Office publishes a searchable register of such business names.[9]