How to File a Trade Name (DBA) in Hawaii
A good business name is essential to growing your business. The right name should connect with customers, be memorable, and maybe explain what your business does. While your business might already have the perfect name, sometimes businesses want to operate using a name other than their official one.
If you want to use a different business name, that’s what a DBA is for. Here’s what “doing business as” actually is, and how to file for a DBA in Hawaii.
What is a DBA?
DBA stands for “doing business as.” It allows your business to use a name other than what was used when first registering the business. For example, a plumbing business with multiple locations might use DBAs “Honolulu Plumbing,” “Hilo Plumbing” and “Pearl City Plumbing.”
In Hawaii, DBAs are referred to as “trade names.” The two terms refer to the same thing — a name other than your business’s official one. Sometimes these are also called an “assumed business name” or a “fictitious name.” “Trade name” is the term used by the Hawaii Secretary of State, though.
There are several reasons why different businesses might want a trade name:
- Sole Proprietor: A sole proprietor might use a trade name so they can operate under a name other than their personal one. For example, travel guide John Doe might use “Honolulu Travel Tours” rather than “John Doe.”
- LLC/Corporation: An LLC, partnership or corporation might use a trade name so it can market without “LLC,” “Inc.” or a similar designator. An appropriate designator is generally required when registering a non-sole proprietor business.
- Larger Business: A larger business with multiple locations might use a separate trade name for each of its locations, such as in the plumbing example above.
DBA Vs. Trade Name
“DBA” and “trade name” both refer to an alternative name that your business uses. DBA may be the more common term, but trade name is the one that Hawaii uses.
Benefits of a DBA
There are several benefits for a DBA, a couple of which are especially helpful to sole proprietors:
- Any business structure: You can use a trade name regardless of your business’s stricture. Specifically, sole proprietors can use a trade name without filing as an LLC.
- No EIN required: An “employer identification number” (EIN) can be obtained from the IRS, and functions like a business Social Security number for tax purposes. Sole proprietors aren’t required to have one, and can use a trade name without getting an EIN.
- No designator requirement: Businesses structured as LLCs or corporations generally need to include a designator, such as “LLC” or “Inc,” in their official name. A trade name doesn’t need any such designator, which often sounds more natural when marketing.
Disadvantages of a DBA
At the same time, a DBA isn’t equal to establishing an LLC or corporation. It’s important to understand the limits of a trade name:
- No ownership: Filing a trade name in Hawaii doesn’t actually guarantee your business exclusive use of the name. Instead, ownership of a business name is determined by “using the name openly and continuously in the marketplace.” This is fairly unusual, and unique to Hawaii.
- No liability protection: Since a trade name doesn’t establish a new legal entity, it doesn’t offer the legal protection that an LLC or corporation does. Specifically, your personal assets may still be exposed to potential liability lawsuits if operating as a sole proprietor.
- No tax benefits: A trade name also doesn’t offer tax benefits, which an LLC and corporation structure each can.
Ownership of business names in Hawaii
It’s worth underscoring that filing for a trade name in Hawaii doesn’t guarantee your business ownership — or the right to use — the name. There’s also no requirement to file a trade name that your business uses.
If a dispute arise over the use of a business name, whichever business first used “the name openly and continuously in the marketplace” retains rights to it. You could file a trade name, only to learn that another business was already using it — and your business can’t.
Consequences for operating with a DBA without registration in Hawaii
There are no legal consequences to using a DBA or trade name without registration in Hawaii. The state doesn’t require trade names to be registered.
Registering a trade name could be helpful if another business begins using your business’s trade name. While having it registered as a trade name doesn’t guarantee you rights to the name, registering might make it easier to argue your claim should there be a lawsuit.
Tax considerations
Registering a trade name has no impact on your state or federal taxes. This isn’t a business structure that’d change your accounting or tax situation.
Filing for a DBA in Hawaii
Even though you aren’t required to register a DBA or trade name, doing so is a recommended best practice. It could help your case in court, and generally makes things a little easier. Registering is straightforward and inexpensive.
Hawaii’s name requirements
Regardless of whether you register your Hawaii business trade name, any name that your business uses must meet the state’s naming requirements:
- Available: Most importantly, the name must be available. No other business can be using it, or else your business won’t have ownership of the name regardless of whether it’s registered. In other words, the name must be distinguishable from all other business names in use.
- No designator: Your name doesn’t need to include “LLC,” “Inc” or anything similar, even if you use one of these business structures. Such terms are required in official names, but not in trade names.
- Prohibited words: Anything that implies a local, state or federal government affiliation is prohibited. For example, you can’t use “FBI,” “Treasury” or anything similar.
- Restricted words: You can only use certain words with state approval. These primarily apply to financial institutions; “bank,” “savings and loan,” and similar terms require approval. You also need approval for “cooperative,” “CPA,” and certain other words.
- Required words: Your name must include “insurance” if operating within the insurance industry, and reciprocal insurers are required to use another term like “reciprocal” or “underwriters.”
- Honest: No business name can intentionally mislead or confuse the public.
Hawaii’s business name requirements are spelled out in the state statutes.
Begin with an Assumed Name search in Hawaii
Checking whether a business name is already in use requires searching both the Hawaii business registrations, and generally online via Google.
First, use the Search for Businesses function on Hawaii Business Express. The best way is using “contains,” and putting your business name in quotes. Assume that any business registered as a trade name, entity, trade mark, service mark, or pending filing isn’t available. Even if one of these is expired (fairly common with trade names), the name could still be in continuous use in the marketplace.
Both the official business search and the application clearly state: “Registration of a trade name with the department does not grant you ownership of the trade name.”
Second, use Google to do a thorough search for businesses with your desired name. Search using quotes and no location. Also search with quotes and “Hawaii,” and then the island and your locality. This should show whether a business name is currently being used.
Steps to register your trade name in Hawaii
Step 1: Complete a Trade Name application
Hawaii trade business names can be registered online or via mail.
To register a trade name online, use Hawaii Business Express (account required). Select “Start,” which has “register a new trade name or mark” listed below it. Note, this is different from the “search businesses, trade names & marks” function. Log in, and you’ll see the option to register a trade name.
To register a trade name by mail, complete the Application for Registration of Trade Name (Form T-1). The application requests fairly basic information, and is one page.
Step 2: Submit the application and pay the fee
Submit the application, which is the last step if filing online. The mail-in form should be sent to: State of Hawaii, Department of Consumer Affairs, Business Registration Division, P.O. Box 40, Honolulu, HI 96810.
The trade name registration fee will be due when you file. The fee is $50 regardless of how you file, and payable by check if you use the mail-in form.
Standard filings usually take 3-5 business days, while expedited ones are completed within 1 business day. There’s little reason to pay more for expedited filing, however, as you can start using the name today.
Step 3: Renew in 5 Years
Hawaii trade name registrations are good for 5 years, after which they should be renewed. Make a note somewhere so that you don’t forget to renew.
At the same time, not renewing a trade name registration won’t sacrifice your ownership of the name. Ownership of a business name is still determined by whether it’s continuously used, and not whether the registration is current.
If you ever need a certificate of a trade name, you can obtain it through Hawaii Business Express.
Filing Online vs filing by mail
Filing online through Hawaii Business Express is the quickest and easiest way to file. If you’re using the mail-in form, send it to State of Hawaii, Department of Consumer Affairs, Business Registration Division, P.O. Box 40, Honolulu, HI 96810.
Note: The office’s physical address is 335 Merchant Street, Suite 201, Honolulu, HI 96813, in case you want to drop off the physical form in person.
Conclusion
Registering a trade name in Hawaii isn’t absolutely required, but is a good idea. It’ll let others know that you’re using the name — and can be almost any name so long as it’s currently not in use. Register and start using a trade name for your business today.
FAQs
Is having a DBA in Hawaii a must?
No, registering a DBA in Hawaii is optional. Trade names can be used without registering them.
How much does a DBA cost in Hawaii?
The filing fee for a trade name in Hawaii is $50.
Do you need to renew a trade name in Hawaii?
Trade name registrations are good for 5 years, after which they should be renewed. Renewing isn’t absolutely required, though.
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