(Please note that this alert is an update to our 2/13/2025 alert "Delaware’s Updated Trade Name Registration Process.")
As previously reported, the State of Delaware ("Delaware" or the "State") has amended the Delaware Code relating to the registration of fictitious names or "Doing Business As" names ("DBAs"). While transition to a new registration system for DBAs was initially expected to go into effect in June 2025, the State paused the transition, and the new system has still not yet gone into effect. The State has recently clarified that a new filing process for trade names in Delaware will go live on February 2, 2026.
What You Need to Know:
Amongst other changes, the recent update from the State:
- Clarifies the start date and mechanics of the new statewide trade name registration process that will go into effect in February 2026, which provides for statewide registration, rather than requiring registration and payment of fees on a county-by-county basis
- Clarifies that companies with existing trade names in Delaware are not required to re-apply for their trade names in the new system, but may choose to do so at no additional cost
- Clarifies that, despite prior guidance to the contrary, the updated trade name registration system will not be a "first come, first served" system, and multiple businesses can register for the same DBA, although this is discouraged
Updated Registration Process
While under current practice, businesses operating in Delaware using DBAs are required to file separate trade name certificates with the prothonotary of each of the three (3) counties in Delaware where they conduct business, the new system will instead be administered state-wide. Businesses will register using a DBA registry that is administered through the State's OneStop online portal (the "Portal"), which is an existing portal used for most business registration and licensing in Delaware.
It was previously expected that registration of DBAs upon the transition in systems would be completed in the Portal on a "first come, first served" basis, which would require businesses with existing DBAs to re-register, potentially requiring a business to alter the DBA it previously registered under the existing requirements if another business registered the same DBA first in the new system. However, the State has since clarified that this will not be the case. Any DBAs that were registered under the prior system will remain valid and re-registration is not required for existing DBAs. However, existing DBA holders can elect to re-register in the Portal at no cost to the registrant, so long as the registrant has a valid business license and file number from its prior registration. If a business with an existing DBA needs a trade name certificate from the State as evidence of their DBA, the only way to obtain such a certificate following the February 2, 2026 transition will be to re-register in the Portal.
The State has also clarified that since registering a DBA does not confer exclusive rights to use of the selected name, others are not prohibited from registering and/or using a duplicate DBA. While the State has cautioned that DBAs do not signify legal ownership and do not establish trademark protection, to avoid potential trademark infringement, businesses are advised not to use duplicate DBAs upon becoming aware of another entity using the same DBA. The Portal will host a Delaware Trade Name Registry once the transition to the new system is complete, and the new application process will notify applicants if the DBA they are applying for conflicts with an existing DBA that is already registered.
Registering a DBA in the Portal with the new system will require payment of a single $25 registration fee for statewide registration, as well as basic information regarding the business, which includes:
- Legal name of the entity;
- Address of the entity;
- Proposed DBA;
- Names and addresses of owners of the entity;
- Date of formation of the entity; and
- Nature of the business.
Next Steps
It is recommended that all entities which wish to register a new trade name in Delaware or ensure their existing trade name registration is reflected in the Portal prepare for registration promptly upon effectiveness of the new system on or after February 2, 2026. Please do not hesitate to contact the authors of this alert or your regular Saul Ewing point(s) of contact with any questions or assistance in registering a DBA in the Portal.
