Utah: Assumed-Name (DBA) Registration Requirements
The short answer
Yes. A person doing business in Utah under an assumed name must file with the Division of Corporations and Commercial Code within 30 days after starting; the current registration fee is $22, no newspaper publication is required, and the filing lasts three years. On October 1, 2026, a signed recodification changes the section numbers and opens a 60-day pre-expiration renewal window, but preserves the statewide filing, 30-day deadline, three-year term, court-access bar, and possible late fee.
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This is the general rule in Utah. Ezel applies current Utah law to your specific facts and answers with citations to the statutes.
| Governing law and scheme | Utah Code Title 42, ch. 2 — statewide Division of Corporations filing; recodified as §§ 42-2-101 to -205 effective Oct. 1, 2026 |
|---|---|
| Who must register | Any individual, association, partnership, corporation, or other person doing business in Utah under an assumed name; a corporation or LLC using its true legal name is exempt (§§ 42-2-5(2), 42-2-9(1), (3)) |
| Filing office | Utah Division of Corporations and Commercial Code; the filer must designate and maintain a Utah registered agent (§ 42-2-5(2)) |
| Filing deadline | No later than 30 days after beginning business under the assumed name (§ 42-2-5(3)(b)); unchanged on Oct. 1, 2026 (§ 42-2-201(1)) |
| Publication requirement | None — Chapter 2 requires the Division certificate and registered agent but no newspaper notice (§§ 42-2-5 to -10) |
| Filing fee | $22 for an assumed-name (DBA) registration under the Utah Department of Commerce FY2026 fee schedule; statute authorizes the Division to collect the required fee (§ 42-2-7) |
| Term and renewal | Three years. Current law gives 30 days after the Division mails expiration notice to make a new filing; effective Oct. 1, 2026, renewal opens 60 days before expiration and the post-notice 30-day period remains (§ 42-2-8; future § 42-2-204) |
| Name exclusivity | Limited registry priority only — the name must be distinguishable in Division records, but filing does not authorize infringement or affect trademark, service-mark, or common-law trade-name rights (§§ 42-2-6.6, 42-2-9) |
| Penalty for noncompliance | No Utah court action as the DBA until compliance, plus a possible late filing fee up to 3 times the required filing fee (§ 42-2-10; future § 42-2-205) |
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Requirements one by one
Registration, filing office, and deadline
Section 42-2-5 reaches an individual, association, partnership, corporation, or
other person that conducts Utah business under an assumed name. The certificate
goes to the Division of Corporations and Commercial Code and identifies the
assumed name, each owner's true name, the principal business location, and the
owner's street address. The filer must also designate and maintain a Utah
registered agent.
The deadline is 30 days after starting business under the name. The signed
recodification effective October 1, 2026, moves this rule to § 42-2-201 without
changing the 30-day period or the statewide filing office.
Fee, term, and renewal
The Utah Department of Commerce's fiscal-year 2026 fee schedule sets the
assumed-name registration fee at $22. Under § 42-2-8, a filing is effective
for three years. Under the law in force now, the Division mails an expiration
notice if no new filing has been made, and the name moves to the inactive index
if the owner still does not file within 30 days after that mailing.
Beginning October 1, 2026, § 42-2-204 states the renewal timing directly. The
renewal window opens 60 days before expiration. If the registration expires,
the Division notifies the registered agent; failure to renew within 30 days
after that notice makes the expiration permanent and lets another person claim
the name.
Registry priority is not trademark ownership
Utah does screen the proposed DBA against names and trademarks already in the
Division's records. Under § 42-2-6.6(1)(b), the name generally must be
distinguishable, so the filing has more registry effect than a public-notice-only
system.
That screening is not a ruling that the filer owns the name. Section 42-2-9
states that registration and approval do not affect federal, state, or common-law
trademark, service-mark, or trade-name rights and do not authorize infringement.
Consequences for operating without registering
Section 42-2-10 bars a noncomplying business from suing, counterclaiming, or
maintaining another Utah court proceeding under the assumed name until it
complies. The Division may also impose a late filing fee of up to three times
the required filing fee. Future § 42-2-205 preserves both consequences after
the October 1 recodification.
What trips people up
- October 1 changes the citations, not the core filing duty. Current §§
42-2-5 through 42-2-10 are marked for repeal or renumbering on that date. The
replacement §§ 42-2-101 through 42-2-205 keep the statewide filing, 30-day
deadline, three-year term, and noncompliance consequences. - A true legal name is outside the DBA chapter. Section 42-2-9 expressly
excludes a corporation or LLC operating under its true name. A different
public-facing name triggers the filing. - The registered agent is part of the DBA filing. Utah requires the owner to
designate and maintain an in-state registered agent; this is not limited to
corporations and LLCs. - Name approval does not settle ownership. Division-record
distinguishability and trademark rights are separate questions. A state
approval can coexist with another person's superior federal or common-law
rights.
Common questions
Must I publish my Utah DBA in a newspaper?
No. The current Chapter 2 specifies the Division certificate, contents,
registered agent, deadline, term, name standards, and penalties without a
newspaper-publication step. The October 1 replacement likewise contains no
publication requirement.
Does an LLC using its exact registered name need a DBA filing?
No. Section 42-2-9 says the chapter does not apply to an LLC using its true name.
An LLC using a different name must register that DBA.
What happens if I miss the 30-day filing deadline?
File to cure the noncompliance. Until you comply, § 42-2-10 blocks you from
maintaining a Utah court proceeding under the assumed name, and the Division may
charge a late fee of up to three times the required filing fee.
Can another business use a similar name after my filing is approved?
The Division generally will not approve a name that is not distinguishable from
one in its records. But § 42-2-9 preserves trademark and common-law rights, so
approval is not a complete determination of who owns a brand.
Statutes and sources
- Utah Code § 42-2-5 — current statewide filing duty, certificate contents,
registered agent, and 30-day deadline. Official current and future chapter (accessed 2026-07-25). - Utah Code § 42-2-6.6 — current distinguishability and name-approval rules.
Official current and future chapter (accessed 2026-07-25). - Utah Code §§ 42-2-7 and 42-2-8 — filing-fee authority, three-year term,
expiration notice, and inactive index. Official current and future chapter (accessed 2026-07-25). - Utah Code §§ 42-2-9 and 42-2-10 — true-name exceptions, preserved name
rights, court-access bar, and late fee. Official current and future chapter (accessed 2026-07-25). - Utah Code §§ 42-2-201, 42-2-204, and 42-2-205 (effective October 1, 2026) —
recodified registration, renewal, and penalty rules. Official current and future chapter (accessed 2026-07-25). - Utah Department of Commerce FY2026 fee schedule — $22 assumed-name
registration fee, effective July 1, 2025. Official fee schedule (accessed 2026-07-25).
Source links
Every statute quoted above, linked, with the date we checked it.
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