I run a small handmade candle business under an LLC that's named after my last name, which is fine for legal stuff but kind of bland for customers. I want to sell under a catchier brand name without forming a whole new LLC and paying all those fees again. Is a DBA the right move here? Do I need to register it in every state I sell in, or just my home state? Also, will my bank give me grief if I try to deposit checks made out to the new name? Any gotchas would be appreciated.
DBA
I want to use a different business name without creating an entirely new llc
DBA (or "assumed name" depending on your state) is exactly what you're looking for.You keep the LLC, you just file a fictitious business name. Fees are usually way lower than a new LLC.
Just to add on, the bank thing is real. My credit union made me open a second account under the DBA and show them the filed certificate before they'd take checks in the new name.
Wait, you can just... make up a name? I thought the LLC name was the name. This thread is already teaching me things.
Lol no, you can't just make it up and start using it. You file paperwork with the state/county. Otherwise anyone could slap a rando name on their storefront.
Regarding selling in multiple states: generally you register the DBA where you're physically located / where the business operates. If you're shipping candles all over the country, you're not expected to file a DBA in all 50 states. Where people get into trouble is when they have a physical presence (warehouse, employees, storefront) in another state.
Yeah what velvetcrater said. I sell online across the US and only ever filed in my home county.
One thing nobody's mentoned: make sure the new name isn't already trademarked by someone else in your industry. You can file a DBA and still get a cease and desist because a national brand owns the name. Ask me how I know.
Ouch. Story tmie?
Short version: picked a cute name, got a nasty letter 8 months in, had to rebrand all my labels. Not fun. Do a quick trademark search first, it's free.
This is why my LLC is just my name and I never bothered with a brand name. Customers don't carce. They care about the candles.
I mean, that's kind of true but a good name helps with word of mouth. "Sally's Candles" vs something memorable.
Also check your county clerk wezbsite, some places have an online search to see if the DBA name is already taken locally. Takes two minutes.
And keep the DBA filing renewal in mind. Some states make you renew every few years, some don't. Put it on a calendar so it doesn't quietly lapse.
Honestly the whole process took me maybe an afternoon and less than a hundred bucks. Way easier than a new LLC.
Unless you're in a state with a newspaper publication requirement. Then it's an afternoon plus a weird fee to announce your existence in the classifieds like it's 1890.