Fictitious Name Registration

What is a fictitious name?

A fictitious name means any name under which a person transacts business in this state, other than his legal name. Business means any enterprise or venture in which a person sells, buys, exchanges, barters, deals, or represents the dealing in anything or article of value, or renders services for compensation. Legal name means a person’s given name, or an entity that has been properly registered. Examples: trademarks, service marks, corporations, limited partnerships.

What is the intent of the Fictitious Name Registration Act?

The intent of the Fictitious Name Act is for public notice as to ownership.

What is the effect of registration?

Notwithstanding the provisions of any other law, registration under the Fictitious Name Act, 865.09 F.S., is for public notice only, and gives rise to no presumption of the registrant’s rights to own or use the name registered, nor does it affect trademark, service mark, trade name or corporate name rights previously acquired by others in the name or a similar name. Registration under this Act does not reserve a fictitious name against future use by another party. Also, banks and financial institutions may require proof of registration before engaging in any transactions.

How long is the Fictitious Name Registration valid?

The fictitious name registration is valid for a period of 5 years and expires on December 31 of the 5th year. The Division of Corporations will mail a renewal application to the last reported mailing address at least 3 months prior to its expiration. All fictitious names registered must maintain a current mailing address with the Division. Address changes must be made by letter or other written communication to the Division of Corporations. The Division of Corporations will not deny a registration for a duplicate name. Every fictitious name application will be registered if statutory filing requirements are met. Applicants that are licensed under other sections of statute should insure that a proposed name is acceptable under the provisions of their respective regulating law prior to submission of an application under this part.