How to Select a Name
If your business name includes your legal last name, then your work is done. Any other name other than the business owner's last name requires filing a Fictitious Business Name statement. Doing this helps protect you and your company brand.
For example, if Jane Doe owns a sole proprietorship and is naming her business Jane Doe Construction, then she does NOT need to file a fictitious business name. But if she names her company XYZ Construction, or Jane and Friends Construction, then she DOES need to file a fictitious name.
A fictitious business name (FBN) allows you do “Do Business As” a name other than your given name – also called a DBA.
Find an Available Name
You may only choose a name no one else in Marin County is using. You can check name availability using the County of Marin Fictitious Business Name Search.
It is also advisable to do an internet search and to check the US Patent and Trademark Office or the CA Secretary of State’s Corporate Division to see if your name is being used in other areas as well.
Apply for Fictitious Business Name
After confirming the name you want is available, you must file your Fictitious Name Application with the County Clerk in person or by mail.
Resources
- GO-Biz (the Governor's Office of Business and Economic Development)
- Marin County Free Library is always great for business resources.
- Nolo produces do it yourself legal books and software that reduce the need for people to hire lawyers.