Every Delaware corporation and Delaware LLC has a legal name – that’s the name on its formation document.
Sole proprietorships and general partnerships also have a legal name – that’s the name of the sole proprietor and each partner. However, many corporations, LLCs, sole proprietorships, partnerships, and other firms and associations choose to do business under a name other than their legal name. That name is known in Delaware as a trade name. (A name other than the legal name is often referred to a DBA or “doing business as” name). And like most states, Delaware has a law addressing the use of trade names in the state.
In Delaware, Title 6, Secs. 3101 et seq. addresses the registration of trade names. That law was recently amended, effective June 2, 2025. The amendments made several major changes including the following: (1) they provided that registration will be made at the state level with the Division of Revenue, instead of the county level in the office of each prothonotary where business is transacted, (2) they clarified that trade name filings by corporations and LLCs are optional rather than required, and (3) they provide that Delaware corporations and LLCs not doing business in the state will be able to register a trade name, and they require such corporations and LLCs to obtain a special license to do so.
Below is a brief review of how to register a trade name in Delaware on or after June 2nd, when the amendments go into effect and the new registration process begins.
Register a trade name with the Division of Revenue
Trade names will be registered, online, with the Delaware Division of Revenue. The Division of Revenue has posted “Trade Name FAQs” on its website here. https://revenue.delaware.gov/trade-names-faqs/ Please review these FAQs for more details.
Trade name registration for Corporations and LLCs
A domestic or foreign corporation or LLC transacting business in Delaware under a trade name or title that does not disclose its legal name may, but is not required to, register the trade name.
A Delaware corporation or Delaware LLC that does not engage in, prosecute, or transact any business in Delaware also may, but is not required to, register a trade name or title that doesn’t disclose its legal name. A Delaware corporation or Delaware LLC not engaged in business in Delaware that wishes to register a trade name must first acquire a special “trade name only” license from the Division of Revenue.
Registration by other persons, firms, or associations
Persons, firms, and associations other than corporations and LLCs engaging in, prosecuting or transacting any business within the limits of Delaware using a trade name must register the trade name.
Information that must be provided
According to the Division of Revenue, the registrant must provide its legal name and address, the proposed trade name, names and addresses of ownership, date of formation, and nature of business. Additional information may be required for entities not actively transacting business in Delaware.
Re-registration is required by August 1st for current trade name holders
Anyone who registered a trade name with the prothonotary will have to re-register their trade name with the Division of Revenue. According to the Division of Revenue, the re-registration window will remain open through August 1, 2025. Re-registration can be done without an upfront payment. However, the Division of Revenue has stated that a $25 debt will be temporarily generated. This debt will be cleared after the re-registration window closes.
Trade names must be unique
According to the Division of Revenue, Delaware requires that each registered trade name be unique. If a proposed name exactly matches an existing name, an alternative name must be chosen.
Filing fee
The fee for registering a trade name is $25.
Renewal of trade names
According to the Division of Revenue, trade names do not have a regular expiration and do not require renewal as long as they are used by a business with an active business license or trade name only license. If a license is not maintained for three or more years, the trade name will revert to the available pool.
Business license required
A business license (regular or special trade name only, as applicable) is required to register a trade name. Please see the Division of Revenue’s website for more information on business licensing. FAQs on business licensing can be viewed here.https://revenue.delaware.gov/frequently-asked-questions/business-licenses-faqs/
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CT Corporation has a deep understanding of compliance regulations and a commitment to excellence, helping your business to remain in good standing. Whether you are a domestic or foreign entity, our expertise and comprehensive services are designed to help you meet your compliance obligations. Trust CT Corporation to support your business every step of the way.
