Company name for a sole proprietorship
The SBA says a sole proprietor who does business under their own legal name does not need to register anywhere. A different name is a DBA, also called a trade name, fictitious name or assumed name, and states and counties set the filing rules.
Your own name is already a business name
A sole proprietorship is the default. The SBA says you are automatically considered a sole proprietorship if you do business activities but do not register as any other kind of business. The IRS describes a sole proprietor as someone who owns an unincorporated business by themselves.
The SBA says a sole proprietorship does not produce a separate business entity, so your business assets and liabilities are not separate from your personal ones. It also says that if you conduct business as yourself using your legal name, you will not need to register anywhere. Maria Ortiz doing business as Maria Ortiz fits that description.
A trade name is a DBA
A sole proprietor can still get a trade name. The SBA says a DBA, short for doing business as, is also known as a trade name, fictitious name or assumed name. It lets you conduct business under a different identity from your personal name.
Say Maria wants to work as Blue Heron Bakery. That is a DBA. The SBA says you might need to register it with the state, county or city where the business is located. It adds that most states require registration if you use one. Requirements vary by state, county and municipality, so local government offices and websites are where the answer sits.
The SBA also lists two limits. A registered DBA does not provide legal protection by itself, and trademark infringement laws still apply to it. A DBA together with an EIN allows you to open a business bank account.
What the IRS asks of a sole proprietor
Income tax goes on Form 1040 with Schedule C, Profit or Loss from Business. Self-employment tax is reported on Schedule SE. Line C of Schedule C asks for a business name and says to leave it blank if there is no separate business name.
An EIN is needed only in set cases. The IRS lists having employees and paying employment or excise taxes. The Schedule C instructions say you need one only if you have a qualified retirement plan. Employment, excise, alcohol, tobacco or firearms returns also call for one, as do gambling winnings you pay out. The IRS says you can still request one for banking or state tax purposes. Changing the business name or location does not require a new EIN.
Texas: the county clerk keeps the assumed name
Texas does not file a sole proprietor's assumed name at the Secretary of State. Its Name Filings FAQs say sole proprietorships must file an assumed name certificate with the county clerk. That means each county where a business office is or will be maintained. A sole proprietor is one of the persons the FAQs require to file there.
The certificate states a term that cannot exceed 10 years from the date of filing. After a material change, such as a new name, address or business structure, a new certificate must be filed within 60 days.
Tarrant County has its own form for unincorporated businesses. Its certificates are valid for a period not to exceed 10 years, and the form offers proprietorship as a business type. The Texas name rules cover the entity side of the state's filings.
Los Angeles County: a statement and a newspaper notice
California files a fictitious business name statement with the county. The Los Angeles County clerk says the statement must be filed in the county of the principal place of business. It may also be filed in other counties. Its list of who should file includes persons doing business for profit under a fictitious name. The list describes that as a name without a surname in the company name.
The steps in that county run in this order:
- File the statement with the County Clerk in the county of the principal place of business.
- Within 45 days of filing, publish a statement in a newspaper of general circulation in that county, once a week for four consecutive weeks.
- Renew before the statement expires five years from the date it was filed. The renewal filing fee is $26, plus $5 for each additional business name or registrant.
The Los Angeles County filing guide goes through the same county in more detail.
Company name for a sole proprietorship: more questions
Does a sole proprietor need an EIN to use a trade name?
The IRS EIN page says you need an EIN if you have employees or pay employment or excise taxes. The Schedule C instructions add a qualified retirement plan and a few other returns. The IRS also says you can request one for banking or state tax purposes.
Does a sole proprietor need a new EIN after a name change?
No. The IRS page on when to get a new EIN says you do not need one if you change the name of the business or its locations.
Does a DBA protect the name from other businesses?
The SBA says registering a DBA does not provide legal protection by itself. It also says trademark infringement laws still apply.
Next: fictitious business name basics and ways to protect a business name.
11 official sources
- U.S. Small Business Administration, guide to choosing a business name, retrieved November 12, 2026.
- Internal Revenue Service, Sole proprietorships, retrieved November 12, 2026.
- Schedule C (Form 1040), Profit or Loss From Business, retrieved November 12, 2026.
- Instructions for Schedule C, retrieved November 12, 2026.
- Internal Revenue Service, Employer identification number, retrieved November 12, 2026.
- Internal Revenue Service, When to get a new EIN, retrieved November 12, 2026.
- Texas Secretary of State, Name Filings FAQs, retrieved November 12, 2026.
- Tarrant County Clerk, Assumed Name Certificate for an Unincorporated Business or Profession, retrieved November 12, 2026.
- Los Angeles County Registrar-Recorder/County Clerk, File a Fictitious Business Name, retrieved November 12, 2026.
- Los Angeles County Registrar-Recorder/County Clerk, Renewals, retrieved November 12, 2026.
- Los Angeles County Registrar-Recorder/County Clerk, Publication, retrieved November 12, 2026.