In Alabama, a DBA is officially called a trade name. All businesses — sole proprietors, LLCs, and corporations — file trade names with the Alabama Secretary of State's Trademarks Division for $30. Alabama's most important distinction: you must already be using the name in commerce before you can file. You then have 40 days to register after first use in Alabama.
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File Your DBA with LegalZoom →What is a DBA in Alabama?
DBA stands for "doing business as." In Alabama, this is officially called a trade name — you may also see it called a fictitious name or assumed name. A trade name lets any business — sole proprietors, LLCs, partnerships, or corporations — operate publicly under a name other than its legal name.
For example: if John Smith forms Smith Landscaping LLC but wants to market as "Green Thumb of Huntsville," he files a trade name registration. The LLC stays Smith Landscaping LLC legally — the trade name just lets him operate under the brand he wants.
Alabama's most important DBA rule — use first, then file
This is where Alabama differs from almost every other state. Most states let you register a name and then start using it. Alabama requires the opposite: you must start using the trade name in commerce before you can register it.
Alabama treats trade names similarly to trademarks — rights arise from use, not from registration. This means you must begin operating under the name, then register within 40 days of first using it in Alabama.
The 40-day window: Once you start using a trade name in Alabama commerce, you have 40 days to file the registration. Missing this window doesn't void your use of the name, but it can complicate banking and create legal exposure. File promptly after you begin using the name.
What you need before filing — three specimens
Because Alabama requires proof of actual use, your trade name application must include three specimens — physical evidence showing the trade name in active commercial use. The Secretary of State reviews these to confirm the name is genuinely in use, not just reserved.
Acceptable specimens include:
- Business cards displaying the trade name
- Flyers, brochures, or mailers
- Labels or tags on products
- Signage or decals
- Newspaper or print advertisements
- Menus (for restaurants or food businesses)
- Social media screenshots — a Facebook, Instagram, or LinkedIn business page with the trade name visible
- Website screenshots showing the trade name in use
You need exactly three specimens. They can be three of the same type or three different types. The trade name must be clearly visible in each, and they must show real commercial use — mockups or generic stock images are not acceptable.
Step-by-step filing process
Choose your trade name
The name must be unique from all other registered Alabama businesses. It cannot include banking words (bank, savings, banker) without approval from the Alabama Banking Commissioner, insurance words without Insurance Commissioner approval, or government agency references.
Search name availability
Check the Alabama Secretary of State's business entity database at arc-sos.state.al.us to confirm no other business is using your intended name. Also search the USPTO TESS database (tess.uspto.gov) for federal trademarks — using a federally trademarked name exposes you to infringement liability even if your Alabama registration is approved.
Start using the name in commerce
Get business cards printed, create a social media page, put up a sign, or launch a website. You need to genuinely use the name before filing. Collect three specimens as you go — a social media screenshot, a business card, and a flyer covers it easily.
Complete the application
File an "Application to Register or Renew Trademark, Service Mark or Trade Name in Alabama." You'll need: the trade name, your business information, type of entity, description of goods or services, date of first use anywhere in the US, date of first use specifically in Alabama, and a statement of ownership.
File with the Secretary of State
Submit online at sos.alabama.gov (fastest — confirmation typically same day), by mail to P.O. Box 5616, Montgomery, AL 36103-5616, or in person at 11 South Union St., Suite 224, Montgomery, AL 36130. The filing fee is $30 regardless of method.
Receive your certified registration
Upon approval, you receive a certified copy of your trade name registration. Bring this to your bank to open a business checking account in the trade name — most banks require it. Your registration is valid for 5 years.
| Official term | Trade name (also: fictitious name, assumed name) |
| Filed with | Alabama Secretary of State — Trademarks Division |
| Filing fee | $30 |
| Use-first requirement? | Yes — must be in use before filing |
| Filing deadline | Within 40 days of first use in Alabama |
| Specimens required | 3 (showing actual use of the name) |
| Registration term | 5 years |
| Renewal fee | $30 (same form) |
| Creates a legal entity? | No |
| Provides trademark rights? | No — file with USPTO for that |
Filing methods and processing times
| Method | Where | Processing |
|---|---|---|
| Online (recommended) | sos.alabama.gov | Same day — fastest option |
| By mail | P.O. Box 5616, Montgomery, AL 36103-5616 | 5–10 business days |
| In person | 11 South Union St., Suite 224, Montgomery, AL 36130 | Same day typically |
Two dates of first use — what the application asks for
The application asks for two separate dates, and getting this right matters:
- Date of first use in any state — the first time you used this trade name anywhere in the US, even if it was in another state before you operated in Alabama
- Date of first use in Alabama — the first time you used the name specifically in Alabama commerce. This is the date that starts the 40-day filing clock
Renewal and cancellation
Alabama trade name registrations expire after 5 years. File a renewal application (the same "Application to Register or Renew" form) before expiration — the renewal fee is also $30. If you let it expire, you lose the registration and must re-file with new specimens.
If you stop using the trade name before the 5 years is up, contact the Secretary of State to cancel. Cancellation removes the name from the registry and allows others to register it.
The bank account is the most practical reason to file. Most banks won't open a business checking account in a name other than the owner's personal name or the LLC's legal name without a certified DBA registration. File the trade name registration, get the certified copy, and you're set for banking.
DBA vs. forming an Alabama LLC
A trade name is a naming tool — it provides zero liability protection. If you're a sole proprietor operating under a DBA and your business gets sued, every personal asset you own is at risk. An Alabama LLC with a trade name gives you the brand name you want and the liability protection that separates your personal assets from the business.
For most Alabama small business owners, forming an LLC is the better long-term decision. You can still use a DBA trade name alongside an LLC — they're not mutually exclusive.