Publication

27 May 2025

Delaware “Doing Business As” Changes

UPDATE as of May 29, 2025: 

Delaware has postponed the implementation of the new DBA registration process.  The new start date is now February 2, 2026, instead of the previously announced June 2, 2025.  At this time, no action is required, and no filings will be accepted via the new process.  The registration process will continue to be handled at the county level.


Starting June 2, 2025, significant changes will take effect regarding the registration of “doing business as” names (DBAs) and trade names in Delaware. These updates are part of new legislation designed to streamline and modernize Delaware’s DBA and trade name registration process.

To avoid disruptions to business operations or loss of name rights, we encourage companies to re-register existing DBAs well in advance of the August 1, 2025 deadline noted below.  Key changes to the DBA registration process include:

Statewide Registration

DBA filings will now be handled by the Delaware Division of Revenue, eliminating the need for county-level registrations.

Re-registration for Existing DBAs

All companies that wish to maintain their current DBA and trade name registrations in Delaware must re-register through the new statewide system by August 1, 2025. This process will be free of charge for all previously held DBAs, if re-registered by August 1.  If you are filing a new DBA or re-registering after the deadline, the charge will be $25.

Please note: current DBAs will expire as of June 2, 2025, and there is no guarantee that the same name will be available at the state level.  Names are available on a first-come, first-serve basis.

No Notarization Required

Applications will no longer require notarization. Original documents and wet signatures also will no longer be necessary.

Unique Trade Names Required

Each trade name must be unique. You will be able to check name availability using Delaware’s online searchable database.

Business License Requirement

Businesses operating in Delaware must have an active business license to register a DBA. For those not actively conducting business in the state, a special $25 trade name license will be available.

No Further Renewal Needed

Once registered, a trade name remains valid as long as the business maintains an active license. If the license lapses for three consecutive years, the trade name will become available for others to register.

Trademark Considerations

These changes should not impact a company’s existing common law or registered trademark rights.  While registering a business name, trade name or DBA does not afford trademark protection, we recommend confirming the availability of any new trade names for which you may ultimately seek trademark registration.

Questions

Please reach out to the Miller Johnson team for any assistance in navigating these changes.

For assistance with a filing, please contact Caitlin Porter.