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Business name registration is required by almost every creative business, including freelance, to ensure the government can collect its taxes, and that you stay compliant with local ordinances such as zoning and local laws. The only exception to this is if you are a sole proprietor doing business under your full name (e.g., John Smith). However, if you choose to do business as “John Smith Design” or any other name other than your full legal name, you’ll need to file a “fictitious” business name statement at your local courthouse, county, or state or provincial office or government registry. A business name is usually considered fictitious when it is any name other than the surname of the owner and it suggests the existence of other owners.

In the US and Canada the fictitious name is also referred to as trade styles, assumed business name, trading as (t/a), or doing business as (DBA). The process usually requires some type of public notification, which means you may have to publish an ad with your fictitious name in your local paper for a set period of time. This lets the public know of your intent to operate a business under an assumed name. For more information, contact your county clerk’s office or your secretary of state or government registry. You can also expect to pay a small fee for registration and annual license fees.

In the US, if there are no claims after you have published your statement, you will receive an Affidavit of Publication, which you file with your local county clerk’s office. There may be other requirements for using your fictitious business name so check with your secretary of state or local government registry for any further needs they have.

In Canada, you’ll need to do a name search if you are considering incorporating your business. In some provinces you can do this online by searching through the NUANS system. Other provinces require that you complete a Name Reservation or Name Approval Request form through the local government registry.

Filing your fictitious business name does not ensure that another business will not be able to use your business name. The only way to ensure that no other businesses uses your name is to trademark or service mark any names, symbols, or logo marks. Be aware that trademark application fees are expensive and nonrefundable, even if the application is denied because of a name conflict. Approach a law firm with experience in this area if you are considering going this route. You can also approach your accountant if you feel you need additional guidance or advice on name registration.