December 21, 2014

dbaFlorida

Fictitious Names

| 3/22/2013

GENERAL INFORMATION

A Fictitious Name Registration is required of individuals who do business under any name other than either their legal personal name or a properly registered corporate name, partnership, trademark, service mark or limited liability company. The purpose of Chapter 865.09, Florida Statutes, known as the Fictitious Name Act, is to ensure a public record of the identity of a fictitious name owner. Registration under this act does not reserve or protect a fictitious name against use by another party, nor does it provide rights to the use of a trade name, trademark, service mark or corporate name. The Division does not screen names submitted for registration against any other recorded information. Applicants may check the Division’s website to see if the name is already in use. You may also check your local telephone directory. The applicant is responsible for avoiding and defending against name infringement. If name protection is your goal, you may want to pursue registering a trademark or service mark if your name meets the requirements of the Florida Statutes. There are also other types of entity registrations you may want to consider. The advice of trusted legal counsel is recommended.

Fictitious name registration forms are available from the Division of Corporations in Tallahassee and statewide at city and county occupational license offices. In addition, the application is available for download from our website, www.sunbiz.org. For added convenience, most registrations can be filed online through our website. Registrations are filed with the Division of Corporations in Tallahassee, not with city or county offices.

The Division of Corporations currently maintains an index of fictitious names on a database available on the Internet. Effective July 1, 2009, the intention to register a fictitious name must be advertised at least once in a newspaper in the county in which the principal place of business will be located. If a change of business ownership occurs, the owners must file a cancellation and re-registration within 30 days of the change.

REGISTRATION RENEWAL

Fictitious name registrations are valid for five years, expiring on December 31 of the fifth year. Renewals may be filed between January 1 and December 31 of the fifth year. The Division mails a renewal notice in the renewal year to the most recent mailing address on file. Failure to receive the statement of renewal does not provide the applicant with an exemption or extension to the registration renewal requirements. If the fictitious name renewal is not filed by December 31, the fictitious name registration expires. The renewal application is available for download from our website, www.sunbiz.org, and for added convenience renewal applications can be filed online through our website. Registrations are filed with the Division of Corporations in Tallahassee, not with city or county offices.

Penalty for Failure to Register or Maintain a Fictitious Name Registration: If you do business under a fictitious name and do not file with the Division, you may be subject to certain criminal misdemeanor penalties. You may also be prevented from maintaining a lawsuit, and you may be held liable for attorneys’ fees and costs if someone cannot find you as owner of a fictitious name. All three may apply under some circumstances.

Exemptions

  • The applicant is a licensed attorney forming a business for the practice of law in the state of Florida.
  • The applicant is registered or licensed with the Department of Business and Professional Regulation or the Department of Health, and their licensing boards have not imposed requirements for the registration as a fictitious name.
  • The applicant is a corporation, limited liability company or partnership filed and in good standing with the Division of Corporations and is not transacting business under any other name.
  • The applicant is a federally chartered corporation and is not transacting business under any other name.
Glossary

» “Trademark” means any word, name, symbol or device, or any combination thereof, used by a person to identify and distinguish the goods of such person, including a unique product, from those manufactured or sold by others, and to indicate the source of the goods, even if the source is unknown.

» “Service mark” means any word, name, symbol or device, or any combination thereof, used by a person to identify and distinguish the services of such person, including a unique service, from the services of others, and to indicate the source of the services, even if that source is unknown. Titles, character names, and other distinctive features of radio or television programs may be registered as service marks notwithstanding that the person or the programs may advertise the goods of the sponsor.

» “Certification mark” means any word, name, symbol or device, or any combination thereof, used by a person other than the owner of the mark to certify regional or other origin, material, mode of manufacture, quality, accuracy, or other characteristics of such person’s goods or services or that the work or labor on the goods or services was performed by members of a union or other organization.

» “Collective mark” means a trademark or service mark used by the members of a cooperative, an association or other collective group or organization, and includes marks used to indicate membership in a union, an association or other organization.

» A fictitious name is any name other than an individual’s legal name. Registration of that name is required if it is used in business so as to inform the public of who is actually conducting business.

» Business means any enterprise or venture
in which a person sells, buys, exchanges, barters, deals or represents the dealing in any thing or article of value, or renders services for
compensation.

» Legal name means a person’s given name, or an entity that is properly registered.


MORE INFORMATION
Florida Department of State
Division of Corporations
P.O. Box 6327, Tallahassee, FL 32302
(850) 245-6058 | www.sunbiz.org

Tags: Florida Small Business

Florida Business News

Florida Trend Video Pick -

Benefits management trends in Florida
Benefits management trends in Florida

David Faulkenberry, president, FBMC Benefits Management, explains what benefits most employers want to offer staff and what impact the ACA has had on public sector clients so far.

Earlier Videos | Viewpoints@FloridaTrend

Ballot Box

How do you feel about the historic decision to remodel US-Cuba relations?

  • Well, it's about time!
  • I'm cautiously optimistic...
  • I'm skeptical about this at best...
  • Not in favor at all: Keep the embargo strong!

See Results

Ballot Box
Subscribe