What is a fictitious name? Why do I have to register a fictitious name?
A fictitious name is any business name you will use that is different than your name, or your corporation’s legal name. (There are some exceptions if all owners’ last names are included in the business name. For example, “Smith’s Appliance Service” could be okay if it was owned entirely by Smith.) If you plan to do business under any name other than your own last name or your corporation’s name then registration of the fictitious name is required by law. See The Entrepreneur’s Guide — Starting and Growing a Business in Pennsylvania available on the NewPA website for more information.
A fictitious name is a name used for business purposes that differs from the true name of the owner of the business. It is very important to do a thorough search when considering a business name. If a corporation and an unincorporated company have very similar names, neither automatically has the right to the name. If both parties have properly filed the Assumed Name Certificate, the courts will most likely have to decide this matter. Taking the time necessary to conduct the name research up front will help avoid legal costs after the business is opened and operating.
