Registering a Trade Name (DBA) in New Hampshire: RSA 349 Requirements and Procedures
Registering a Trade Name (also known as a DBA) in New Hampshire allows your business to legally operate under a name different from its official legal name. The registration costs $50, protects your brand locally, and must be renewed every 5 years to remain active.
When starting a business in New Hampshire, you may want to operate under a catchy, marketable name rather than your own legal name. Whether you are a sole proprietor running a landscaping business in Keene, or an established LLC in Dover wanting to launch a new product line, you must legally connect your official business identity to your public-facing brand. This is accomplished by registering a Trade Name, commonly referred to as a 'Doing Business As' or DBA.
Operating a business under an unregistered fictitious name is technically illegal in New Hampshire and can lead to complications with opening business bank accounts, enforcing contracts, or maintaining liability protection. Fortunately, the registration process is straightforward. Working with a business attorney from our directory can ensure your chosen name is available and that all paperwork is filed correctly to protect your brand.
RSA 349 Requirements and Procedures
In New Hampshire, trade names are governed by N.H. Rev. Stat. Ann. § 349:1. The statute states that every sole proprietor, partnership, or corporation doing business under any name other than their own true legal name must register that trade name with the state. This public registry ensures that consumers and creditors can identify the actual owners behind a storefront or website.
To formally secure your DBA, you must submit a Form TN-1, New Hampshire, Secretary of State, Application for Registration of Trade Name. The application requires you to state the exact trade name, the brief description of the business you will conduct, and the primary business address. Once filed, the name becomes part of the state's public business registry.
Sole Proprietorships Operating Under a Fictitious Name
For sole proprietors, a DBA is critical. If your name is John Doe and you operate as 'John Doe Consulting', you do not need a DBA. However, if you want to operate as 'Granite State Strategy', you must register that name. Without a registered trade name, a bank in Derry or Rochester will absolutely refuse to cash checks made out to 'Granite State Strategy', as there is no legal proof that you own that entity.
Adding Secondary Brand Names to an Existing LLC
Trade names are also highly useful for existing LLCs and corporations. For example, if your LLC is legally named 'Apex Property Holdings LLC', but you want to open a retail coffee shop, you do not necessarily need to form a brand new LLC. Instead, 'Apex Property Holdings LLC' can simply register a DBA for 'Morning Roast Cafe'. This allows the LLC to operate multiple distinct brands under one corporate umbrella, funneling all revenue into a single tax return while maintaining the LLC's liability shield.
Legal Distinction Between a Trademark and a Registered NH Trade Name
A common mistake business owners make is assuming that a New Hampshire Trade Name provides nationwide brand ownership. It does not. A Trade Name simply registers your identity at the state level and prevents other businesses in New Hampshire from registering the exact same name with the New Hampshire Secretary of State, Concord.
As highlighted in state unfair competition precedents like Auto Body Specialists, Inc. v. Vallee, 127 N.H. 382 (NH Supreme Court 1985), while a local trade name offers some common-law protection against local competitors confusing the public, it is inferior to a federal trademark. If you want exclusive rights to use a brand name across the entire United States, you must register a trademark with the USPTO. A local business lawyer can help you determine if you need a simple state DBA or a comprehensive federal trademark.
How Much Does it Cost in New Hampshire?
Registering a Trade Name is one of the most cost-effective ways to establish a business presence in the state.
| Trade Name Registration Fee | $50 standard filing fee to the State |
| Trade Name Renewal Fee | $50 (due every 5 years) |
| Attorney Filing Service | $150 to $400 (includes name availability search) |
| Notary Fees (if filed by paper) | $5 to $15 (NH QuickStart online filing bypasses this) |
How Long Does the Process Take?
If you utilize the New Hampshire Secretary of State's online QuickStart portal, trade name registrations are typically approved within 3 to 7 business days. If you choose to mail a paper application to the Corporation Division, the processing time can take up to 2 to 3 weeks. Under N.H. Rev. Stat. Ann. § 349:7, once approved, your trade name is valid for 5 years and must be actively renewed to avoid expiration.
Frequently Asked Questions (FAQ)
Does a Trade Name protect my personal assets?
No. A Trade Name (DBA) is purely a branding tool. If you are a sole proprietor operating under a DBA, you are still personally liable for all business debts and lawsuits. To get liability protection, you must form an LLC or a Corporation.
Can two businesses have the same Trade Name in NH?
Generally, no. The New Hampshire Secretary of State will reject your Trade Name application if it is not distinguishable upon the records from an already registered LLC, Corporation, or existing Trade Name.
What happens if I forget to renew my Trade Name after 5 years?
If you fail to file a renewal and pay the $50 fee, your Trade Name will expire and be removed from the active registry. Once it expires, any other business in New Hampshire is free to claim and register your name for themselves.
Can I use 'LLC' or 'Inc.' in my Trade Name?
No. You cannot include entity identifiers like 'LLC', 'Corp', or 'Inc.' in a DBA unless the underlying business holding the trade name is actually registered as that specific type of entity. Doing so is considered misleading to the public.
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