Obtaining a Fictitious Business Name

If you plan to do business under a fictitious name (i.e., any name other than your exact name), state law requires that you do the following:

1. File a Fictitious Business Name Statement with the Recorder/County Clerk of the County of San Diego within forty-five days of commencing operation.

2. Publish your intention to use the name in a court approved publication for four weeks.

Corporations and persons going into business under their own name are exempt from filing a fictitious business name statement. However, certain requirements apply for entrepreneurs. If you plan to use your own name as part of the business name, you must not imply multiple owners. For example, "Jacobsen Gardening" would be exempt from filing, whereas "Jacobsen and Co. Gardening" would require filing. If filing is required, do so prior to applying for your Business Tax Certificate (formerly business license). Following this process helps you avoid complications if the name is in use.

• Registers you as the business name owner for five years in San Diego County.
• Informs the public of your intention to use a fictitious business name.
• Allows you to open a commercial bank account (most banks require this statement).
• Helps protect you from litigation for using another company's name.

Search your fictitious business name for availability verification