In Ohio, a DBA is filed with the Secretary of State as either a trade name registration or a fictitious name report under Ohio Revised Code section 1329.01. Each costs $39, as of October 2026. A trade name is one you claim the exclusive right to use; a fictitious name is one you simply report. A fictitious name report is due within 30 days of first using the name, and both last five years before they need renewing.
Ohio is unusual because it gives you two kinds of DBA, and they don't mean the same thing. Picking the right one comes down to whether you want to claim the name or just tell the state you're using it. Here's what section 1329.01 and the sections after it say.
Trade name or fictitious name: the difference
Section 1329.01(A) defines both terms:
| Type | What the law says | Fee |
|---|---|---|
| Trade name | A name used in business or trade to designate the business of the user, and to which the user asserts a right to exclusive use | $39 |
| Fictitious name | A name used in business or trade that's fictitious and that the user hasn't registered, or isn't entitled to register, as a trade name | $39 |
The fictitious name definition excludes the name of record of an Ohio corporation or LLC, and of registered foreign corporations and LLCs. In other words, if you trade under your company's own registered name, there's nothing to file.
Section 1329.01(D) says a person who does business under a fictitious name, and who hasn't registered it as a trade name, either because they don't want to or because the name isn't available, must report it to the Secretary of State. So if you can't or won't claim the name, the report is still required.
What each filing must include
A trade name application under section 1329.01(B) sets out:
- the applicant's name and business address
- for a general partnership, the name and address of at least one partner or the partnership's Secretary of State number
- for an LP, corporation, professional association or LLC, the form of entity and the state it was formed in
- the trade name itself and the general nature of the business
- how long the name has been used in business operations in Ohio
A fictitious name report under section 1329.01(D) asks for most of the same details, without the claim to exclusive use or the history of use. Each application or report covers a single name, so three names means three filings.
Timing: the 30-day rule
The fictitious name report has a deadline. Section 1329.01(E) says it must be made within thirty days after the date the name is first used. A trade name has no matching deadline in that section, but because a fictitious name report is required for unregistered names, starting to trade without either filing puts you on the clock.
Either filing is signed by the applicant or by any authorized representative of the applicant, under sections 1329.01(C) and (E).
How long it lasts and how to renew
Section 1329.04 gives both filings a term of five years from the date of registration or report. You renew by filing an application, on the Secretary of State's form, within the six months before the term ends, and each renewal runs for another five years.
The Secretary of State must send a renewal notice during those six months, by ordinary or electronic mail, to the last known address on file. That's one more reason to keep your address current, because a notice that goes to an old inbox is still a notice sent.
What happens if you don't file
Section 1329.10 has three parts, and together they're a strong nudge to file:
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- no one doing business under a trade name or fictitious name can start or maintain a court action in that name, or on contracts made in that name, until they've complied with section 1329.01
- a lawsuit can still be brought against the user of the name, whether or not it's been registered or reported
- at the Secretary of State's request, the Attorney General can seek an injunction against someone who keeps breaking the rules after being notified
Once you comply, the statute lets the action go ahead. But a delay in a debt claim is the last thing a small business needs, so the filing is worth doing before you send your first invoice.
A different state or filing type is covered in the DBA rules in Virginia.
Which Ohio filing should you choose?
If the name is central to your brand and it's available, a trade name registration is the stronger record, because it asserts a right to exclusive use. If you just need to be lawful while trading under a name, or the name isn't available to register, the fictitious name report does that job. Both cost the same $39 and last the same five years, so the choice is about the claim you want to make, not the price.
Before you file anything else, our Pennsylvania DBA walkthrough explains the next step.
Do you need a DBA at all?
If you're a sole proprietor, a DBA is often the cheapest way to trade under a brand name. It doesn't protect your personal assets, though, which is where an LLC comes in. Our Ohio LLC guide covers forming one, the LLC vs sole proprietorship comparison weighs the two, and the DBA registration guide explains how DBAs and trademarks differ.
Frequently asked questions
How much does a DBA cost in Ohio?
A trade name registration or a fictitious name report each costs $39, payable to the Secretary of State, as of October 2026, under Ohio Revised Code section 1329.01.
What's the difference between a trade name and a fictitious name in Ohio?
A trade name is one you assert the exclusive right to use. A fictitious name is one you report using without registering it as a trade name, often because you don't want to or it isn't available.
How long does an Ohio DBA last?
Five years from the date of registration or report, under section 1329.04. You can renew within the six months before it expires for another five years.
When must I report a fictitious name in Ohio?
Within thirty days after the date you first use the name, under section 1329.01(E).
Can I sue a customer if my Ohio DBA isn't filed?
Not until you comply. Section 1329.10 says no action can be started or maintained in the trade or fictitious name until section 1329.01 is complied with, though you can still be sued.
