Alabama calls it a Trade Name, not a DBA or fictitious name. Registration goes to the Secretary of State's Trademarks Division. The critical rule: you must already be using the name in commerce before you can register it. File Form LAT-1 with three specimens and a $30 fee. The registration is good for five years.
What Alabama calls this — and why it matters
Most states use the term DBA (doing business as), fictitious name, or assumed name. Alabama uses the term Trade Name, and that terminology signals something substantive: Alabama administers trade name registrations through the Secretary of State's Trademarks Division under Ala. Code §§ 8-12-1 to 8-12-19 — the same office that handles trademark and service mark registrations.
Trademark and service mark registrations were codified in 1981. Trade name registrations were added in 1988. The distinction between the three:
- A trademark identifies goods made or sold
- A service mark identifies services rendered
- A trade name identifies the business, vocation, occupation, or profession
When you file Form LAT-1, you check the box for "Trade Name." All three types go through the same office, the same form, and the same $30 fee.
The use-first rule
Under Alabama state law, ownership of a trade name is granted through the common laws of adoption and usage. — Ala. Code § 8-12-1
In Alabama, you acquire rights in a trade name by adopting and using it — not by registering it. Registration is evidence and public notice of a right you already hold. It is not the source of the right.
This has a direct procedural consequence. When you file Form LAT-1, the application asks for two dates:
- Date of first use anywhere — the earliest date you used the name in any state
- Date of first use in Alabama — the date you first used it commercially in Alabama specifically
If you cannot fill in both dates with past dates — real dates when real commerce happened — you cannot file yet. Start using the name, document the use, then file.
What "use in commerce" means
Use means commercial use — the name must appear on something connected to an actual transaction or offer of services, not just a plan to do business. The Secretary of State requires you to attach three specimens as proof.
The three specimens
A specimen is physical evidence that the trade name is being used in commerce. The Secretary of State requires three specimens with your initial registration, and they must be unaltered and legible. One specimen is sufficient for renewal.
Acceptable specimens include:
- A business card showing the trade name
- A letterhead or printed invoice
- A label, tag, or packaging that carries the name
- A printed advertisement or flyer
- A screenshot of your website (printed, showing the URL and the name in use)
- A signage photo
Do not alter specimens before submitting. The SOS instructions specify "unaltered and legible" — editing, cropping to remove context, or enhancing a specimen can invalidate your application.
How to file — step by step
Search for conflicts
Search the Alabama Secretary of State business entity records and the trademark register at sos.alabama.gov. If the name is already registered or in use as a registered entity name, you face a conflict the SOS will not resolve — that's handled outside their office and is an issue for the courts under Ala. Code § 8-12-1.
Begin using the name and document the use
Start operating under the trade name commercially. Record the date you first use it anywhere and the date you first use it in Alabama. Keep copies of everything — the specimens you collect here become your filing exhibits.
Collect three unaltered, legible specimens
Gather three separate items showing the trade name in actual commercial use. Business cards, invoices, flyers, and website screenshots all work. Do not alter them.
Determine your classification
The application asks for a goods or services classification (based on the Nice Classification system). If your business spans more than one class, you must file a separate application and pay a separate $30 fee per class. Determine this before you start filling out the form.
Complete Form LAT-1
The application requires: the trade name, the mark type (select "Trade Name"), the classification, the dates of first use (anywhere and in Alabama), a description of the goods or services, and the applicant's information. The affidavit language states your belief that no other person has the right to use the mark in identical form or in such near resemblance as to deceive (§ 8-12-8(a)(4)).
Sign before a Notary Public
The application must be notarized. This is required for both initial registration (Form LAT-1) and renewal (Form LAT-3).
Attach the $30 fee
The fee is payable to the Alabama Secretary of State. The SOS does not accept starter checks. Fees are non-refundable with no exceptions, whether or not registration is approved.
Submit online or by mail
Online filing is available at the SOS website when the search shows the name is available. The mailing address for the Trademarks Division is at the Secretary of State's office in Montgomery. Processing typically takes four to six weeks.
Calendar the renewal date
The moment you receive your registration, note the five-year expiration date. Set a reminder for one to three months before it. Registrations not renewed are automatically cancelled from the official register.
Fees and filing details
| Item | Amount |
|---|---|
| Initial registration (Form LAT-1) | $30 |
| Additional class (per class) | $30 |
| Renewal (Form LAT-3) | $30 |
| Online filing (commercial services) | ~$31.20 |
| Registration term | 5 years |
| Specimens at registration | 3 (unaltered, legible) |
| Specimens at renewal | 1 |
| Processing time | 4–6 weeks |
| Notarization required | Yes — both registration and renewal |
Source: Alabama Secretary of State Forms LAT-1 and LAT-3 instructions; Alabama SOS Trademarks Handbook. The $31.20 online figure comes from commercial filing references — verify current pricing at sos.alabama.gov at time of filing.
Renewal and cancellation
Alabama trade name registrations run for five years from the date of registration. To renew, file Form LAT-3 with one specimen and a $30 fee. The renewal affidavit attests that the mark is still in use in Alabama and has not been abandoned.
Two additional renewal notes from the SOS:
- If ownership was transferred since registration, a Statement of Assignment under § 8-12-11 must be filed before renewal
- If goods or services now span multiple classes, an additional application and fee per class is required at renewal
Cancellation
A registration can be cancelled voluntarily — the SOS will record any voluntary cancellation received in writing. Registrations not renewed on time are automatically cancelled from the register under Ala. Code § 8-12-13. There is no grace period mentioned in the SOS materials; treat the five-year date as a hard deadline.
What an Alabama trade name does not do
This is the section most guides skip. Registering a trade name with the Alabama SOS does not:
- Guarantee exclusivity. Another business can use the same name — especially if they are unaware of your use. The SOS handbook states plainly that any conflict of ownership is handled outside the Secretary of State's office and is an issue for the courts.
- Replace a business license. A trade name registration is not a business license. You still need a county business privilege license (and any municipal license) before opening. The two are entirely separate filings with separate agencies.
- Change your tax status. Registering a trade name has no effect on your federal or state tax treatment. You do not need a new EIN solely because you registered a trade name.
- Protect the name outside Alabama. State registration provides state-level evidence of use. Federal trademark registration through the USPTO provides stronger, nationwide protection.
- Serve as your entity name. If you formed an LLC or corporation, your entity name is already on file with the SOS. A trade name is for operating under a different name than your legal entity name.
Where a trade name genuinely helps
Despite these limits, there are legitimate reasons to register:
- Banking. Most Alabama banks require a trade name registration (or similar documentation) to open a business bank account under a name other than your legal name.
- Public notice. Registration creates an official public record of your use as of the registration date. If a dispute arises later, the registration is evidence — even if ownership traces back further to first use.
- Professionalism. Vendors, clients, and government agencies often ask for evidence that you are authorized to operate under a trade name. A state registration is clean documentation.
- Assignment. A registered trade name can be assigned to another company or entity under § 8-12-11. An unregistered name is harder to transfer with documentation.
Trade name vs. entity name vs. trademark
| Type | Where registered | What it does | Cost |
|---|---|---|---|
| Entity name (LLC) | SOS Business Services | Gives your LLC its legal name; required to form | $200 formation + $28 name reservation |
| Trade name (DBA) | SOS Trademarks Division | Lets you operate under a different name; must use first | $30 per class |
| Federal trademark | USPTO | Nationwide exclusive rights; strongest protection | $250–$350 per class |
The order of operations for a new Alabama business that wants a trade name:
- Decide structure — sole proprietor, LLC, or corporation. This is the liability and tax question.
- If forming an LLC: reserve the entity name (mandatory in Alabama before filing), then file the Certificate of Formation.
- Decide whether you will operate under a different name than your legal or entity name.
- If yes: begin using that trade name and document the use.
- Register the trade name once you have three specimens and both use dates.
- Get your county business privilege license and any municipal license — separately, with the relevant county or city office.
- Consider federal trademark registration if the name matters commercially beyond Alabama.
Common mistakes
- Filing before using the name. The application requires past dates of first use. Submitting without them — or inventing them — exposes the registration to cancellation and the applicant to the affidavit's legal consequences.
- Altering specimens. Even cropping a document to make it fit on a page can disqualify it. Submit specimens as-is.
- Missing the renewal. The SOS does not send reminders. Missed renewals result in automatic cancellation with no grace period described in the SOS materials. Calendar the date the day you receive registration.
- Assuming registration prevents conflicts. Registration is notice, not a shield. A business that was using the name first — even without registering — may have prior rights under Alabama's use-based system.
- Confusing trade name registration with a business license. These are entirely different filings with different agencies for different purposes. You need both if you are operating under a trade name.
- Filing a single application for multiple classes. Each class of goods or services requires a separate application and $30 fee. Bundling them in one application will likely result in rejection.