A trade name is a name, different from your Wyoming corporation’s legally registered name, that your company will do business under in the state. It is also known as a Doing Business As Name (DBA), an Assumed Name, and a Fictitious Name.
(Note: in Wyoming, foreign corporations who cannot register their legal name with the state because it is already in use must register a Fictious Name, after which they can register additional trade names. A domestic corporation will never register a Fictious Name in Wyoming).
A trade name should not be confused with a trademark. A trademark gives a company legal protections of its brand name and brand symbols. No such protections are given to a trade name.
A corporation may also register multiple trade names. For example, let’s say you wanted to operate a series of restaurants in Wyoming. Instead of forming a new corporation for each restaurant, which would be costly and, from an administrative standpoint, difficult, you could simply form a single corporation and register multiple trade names. The corporation could be John Smith Diners Inc. You could register unique trade names, however, for each restaurant.
In this way, trade names allow a cheaper and simpler alternative to actually forming multiple independent companies to do business under.
Registrability
Not every trade name is acceptable according to Wyoming law.
A trade name will not be registered if it:
- Is the same or deceptively similar to a trademark or service mark already registered
- Contains wording indicating that the business is engaged in banking or insurance (unless the business is legally registered to provide banking and insurance services)
How to File a Wyoming Trade Name Registration
To register a trade name in Wyoming, you must file an Application for Registration of Trade Name with the Wyoming Secretary of State’s office. There is a $100 filing fee.
The form must have an original signature and it must be notorized.
The trade name must be in use prior to registration.
You can mail the application to:
Wyoming Secretary of State
State Capitol Building, Room 110
200 West 24th Street
Cheyenne, WY 82002-0020
Trade Name Renewal
A trade name is registered for a period of 10 years. To renew a trade name, a trade name renewal application must be submitted within six months prior to the expiration of the 10 year term. The renewal fee is $50. The renewal form must also be notorized.
Trade Name Cancellation
A trade name can be cancelled by filing a Cancellation of Trade Name form and paying the $10 fee.
The Secretary of State can also cancel a trade name if a court of competent jurisdiction finds:
- That the trade name has been abandoned
- That the registrant is not the owner of the trade name
- That the registration was granted improperly
- That the registration was obtained fraudulently