Q: Can I operate using a trade name for my LLC even if it has not yet been filed with the state?
Let's say my LLC name is "ABC Company, LLC", and I want to use the trade name of "ABC Company". While this is obviously a generalized example, in practice my LLC name is fairly unique. Additionally, I plan on filing my trade name in the short term, but I do not want to have to wait multiple weeks to launch my company's website while waiting for DBA/trade name approval if I don't need to.
The "ABC Company, LLC" reference appears in the footer of my website, which displays on each website page, but a user needs to scroll to see this reference. Additionally, in materials that one can download from my website (such as a pdf) and my scheduling page (think like a Calendly site), I do not use the full LLC name but rather just the "ABC Company" short name.
My main question is - can I launch my website in the meantime while the DBA is pending with the state or given how I am referencing this trade name throughout my materials, do I need it to be in place before "going live"?
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A:
You are generally allowed to operate your business using a trade name (also known as a fictitious business name or DBA) even if it has not yet been officially filed with the state, as long as you meet certain requirements and follow the proper procedures for filing the trade name within a reasonable time frame.
However, it is important to note that until your trade name is officially filed and registered, you do not have exclusive rights to use that name, and you may face potential legal issues if another business is already using the same or a similar name.
Regarding your specific situation:
1. As long as you include the full legal name of your LLC ("ABC Company, LLC") in the footer of your website and it is visible to users, you are likely meeting the legal requirement of disclosing your official business name.
2. For downloadable materials and your scheduling page, where you are only using the trade name "ABC Company," it is advisable to include a disclaimer or note somewhere indicating that "ABC Company is a trade name of ABC Company, LLC" to ensure transparency and avoid potential confusion.
3. While you can launch your website while the DBA filing is pending, it is generally recommended to wait until the trade name is officially registered to minimize potential legal risks and to establish your exclusive rights to use the name.
Ultimately, the decision to launch your website before your trade name is officially filed depends on your risk tolerance and business priorities. If you choose to proceed, make sure to file your trade name as soon as possible and take steps to clearly disclose your LLC's official name in your materials.
Please note that this information is for general guidance purposes only and does not constitute legal advice. It is always best to consult with a qualified attorney for specific legal guidance tailored to your unique situation.
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