Is Use of an Assumed Business Name Exclusive in Indiana?
Many companies operate under a different name than the one that appears on its corporate formation documents (typically, Articles of Organization or Articles of Incorporation filed with the Indiana Secretary of State). For example, a registered entity “Audrey’s LLC” might operate a knick-knack store called “Auds and Ends”. The name “Auds and Ends” would be considered an assumed business name or DBA (doing business as) name. To protect consumers from fraud, Indiana requires assumed business names to be registered with the state. Business owners need not worry about another entity taking on their assumed business name because assumed business names must be distinguishable from other assumed business names and registered names. Additionally, a new company cannot register under a name that is already a registered assumed business name. Essentially, if your business has a registered assumed business name, that name is exclusive to your business.
The author thanks Summer Legal Clerk Audrey Crites for her helpful research and drafting assistance.