Business formation paperwork on a desk, North Dakota Trade Name (DBA)

North Dakota Trade Name (DBA): $25 Registration with the Secretary of State, Renewed Every 5 Years, No County Filing

North Dakota Trade Name (DBA): $25 Registration with the Secretary of State, Renewed Every 5 Years, No County Filing

If you plan to operate under a name other than your own legal name, start with one fact: in North Dakota, a DBA is a trade name registration, and you file it with the Secretary of State, not your county. The fee is $25, the registration runs for five years, and you file it online through the state’s FirstStop portal. This guide covers who needs to register, the name rules, the full fee schedule, the filing steps, renewal, and what a registration does not protect.

What a North Dakota Trade Name Is

A trade name is any name a sole proprietor or other business uses that is not its own legal name. If you run a sole proprietorship called “Prairie Coffee Works” instead of your personal name, that is a trade name. A corporation or LLC that markets itself under a different name is also using a trade name. “DBA” (doing business as) and “trade name registration” refer to the same filing.

A registration gives you the exclusive right to that name within North Dakota. It does not extend beyond the state, and it is not a trademark. Those limits are covered below.

Do You Need to Register?

Not in every case. A sole proprietor who operates under their own full legal name does not need to register a trade name. Operating as “Red River Books” does require registration, because the name does not include your own surname. If you are unsure whether a name you plan to use counts as your legal name, confirm it with the Secretary of State before you order signage or print cards.

Fees at a Glance

All trade name filings are made with the North Dakota Secretary of State through FirstStop. The fees below come from the state’s trade name rules and the Secretary of State’s registration pages.

FilingFeeWhat You Should Know
New trade name registration$25Grants the exclusive right to the name in North Dakota for the registration term
Renewal$25Required every 5 years; file within 90 days before expiration
Amendment$25Use when registered information changes
Assignment$25Transfers the name to a new owner; does not extend the 5-year term
Consent to use a similar name$10Used when the name is not fully distinguishable and the holder of the other name consents in writing
Cancellation$10Ends the registration
Name reservation$10Holds a name for 12 months, renewable for successive 12 month periods

Name Rules You Must Follow

Before you file, check your proposed name against these requirements:

  • Restricted words. Under NDCC 47-25-03, the name may not contain “company,” “corporation,” “incorporated,” “limited,” “LLC,” or similar words unless the owner is that type of entity. A sole proprietor cannot register “Prairie Supply Company.”
  • Banking words. Names that include “bank,” “banker,” “banking,” or “trust” require written approval from the North Dakota Department of Financial Institutions before filing.
  • Distinguishability. The name must be distinguishable in Secretary of State records from other registered names, unless the holder of the similar name consents in writing.

Search the state’s business database at firststop.sos.nd.gov/search/business before you commit to a name. A search shows what is already registered, but it does not replace a broader review of whether the name is in use elsewhere.

How to Register a Trade Name in North Dakota

  1. Search the name. Use the Secretary of State’s business search to confirm the name is distinguishable from existing records.
  2. Check the restricted words and banking rules. Remove any word that requires an entity type you do not have, and get Department of Financial Institutions approval if the name includes a banking term.
  3. Reserve the name if needed. A reservation costs $10 and holds the name for 12 months while you prepare your filing.
  4. File the trade name registration in FirstStop. Go to firststop.sos.nd.gov, complete the trade name registration, and pay the $25 fee.
  5. Save your confirmation. Keep the filing receipt and the registration record with your business documents. You will need the record for bank accounts and renewals.
  6. Apply for a sales tax permit if you need one. Any business making taxable sales must hold a sales and use tax permit from the Office of State Tax Commissioner. Apply through ND TAP at tap.tax.nd.gov about 30 days before you open.

The Secretary of State does not publish a guaranteed turnaround for trade name filings. Before you set an opening date or print materials, confirm current processing time with Business Services at (701) 328-2900.

Amending, Assigning, or Canceling a Registration

Changes to a registration cost $25 to amend, and the same amount to assign the name to a new owner. An assignment transfers the name, but it does not extend the 5-year term, so the original expiration date still controls. If you stop using the name, you can cancel the registration for $10. Keep these filings current. Old information on a record can cause confusion when you apply for a bank account, a sales tax permit, or a renewal.

Renewal Every 5 Years

A trade name registration must be renewed every five years at a cost of $25. File the renewal within 90 days before the expiration date. Pull your expiration date from your FirstStop record on the day you register, and put a reminder on your calendar for the start of the 90-day window. That gives you enough time to fix any problems before the deadline.

Fictitious Partnership Names

If you operate a partnership under a name, a different filing applies under NDCC Chapter 45-11. The fee is $25 for up to two partners, plus $3 for each additional partner. Renewal costs $25. Like the trade name filing, this is made only with the Secretary of State through FirstStop. Partnerships with several owners or complex ownership should confirm the correct filing with an attorney before they choose a name.

What a DBA Does Not Protect

A trade name registration is narrower than many owners expect. Keep these limits in mind:

  • It applies only in North Dakota. A DBA gives you no rights in other states.
  • It is not a trademark search. Registering a trade name does not confirm that the name is free to use nationally or that no one else holds a federal trademark for it. Run a separate search before you invest in logos, packaging, or a website.
  • It does not form a legal entity. A trade name registration does not create a corporation or LLC and does not shield your personal assets from business debts.

If you want protection for a brand name within North Dakota, a state trademark registration under NDCC Chapter 47-22 costs $30 for one class, plus $20 for each additional class, and lasts 10 years. A trademark is a separate filing with different rules from a trade name, so do not treat the two as interchangeable.

Common Mistakes to Avoid

  • Looking for a county filing. North Dakota has no county DBA filing. Your trade name is registered with the Secretary of State only.
  • Using restricted words. Adding “LLC” or “Company” to a sole proprietorship name will cause the filing to fail or require correction.
  • Assuming a registration protects a brand nationally. The registration covers North Dakota only.
  • Letting the registration lapse. Calendar the renewal so you do not lose track of the 90-day window.
  • Opening accounts too early. Banks often ask for proof of your registration when you open a business account under a trade name, so file first.

Official Resources

Next Steps

Search your name, confirm it passes the restricted word and banking rules, file the $25 registration in FirstStop, and set a reminder for renewal in five years. If you have a sales tax obligation, apply for the permit through ND TAP about 30 days before opening. Confirm current processing times with the Secretary of State before you set your launch date.

This guide is informational only and is not legal or tax advice. Trade name rules, fees, and filing requirements can change, so verify current details with the North Dakota Secretary of State and the Office of State Tax Commissioner before filing. For complex ownership, partnerships, trademark strategy, or tax questions, consult a qualified attorney or certified public accountant.

Keep exploring: related North Dakota guides