West Virginia: Assumed-Name (DBA) Registration Requirements

Requirements one by one

Two filing routes cover the main business types

West Virginia Code § 47-8-2 covers individuals, sole proprietorships, and
general partnerships. They may not conduct business under a name other than the
owners' real names unless they file with the Secretary of State. The filing
states the trade name, the owners' full real names and addresses, and must be
executed and acknowledged.

W. Va. Code § 47-8-4(a) separately covers corporations, LPs, LLPs, LLCs, business
trusts, and voluntary associations required to register with the Secretary of
State. An entity using a name different from its registered name files an
application stating both names, its principal-office address, and an authorized
signer's name, title, and signature. A new filing is required for each other
assumed name the entity wants to use.

State filing, no publication, and split fees

Both routes file with the Secretary of State. W. Va. Code § 47-8-3 requires the
office to keep a searchable database of the filings. The complete Article 47-8
contains no county-clerk or newspaper-publication step.

The Secretary of State charges no filing fee to an individual, sole
proprietorship, or general partnership. The charge is $25 for a corporation,
LLC, LP, LLP, voluntary association, or business trust.

No renewal, but withdraw after discontinuing an entity trade name

Article 47-8 sets no fixed expiration date or recurring renewal. Under
§ 47-8-4(c), a registered entity that discontinues a trade name must file a
certificate of withdrawal stating the discontinued name, real name, address,
and original registration date.

Willful noncompliance is a misdemeanor

Under § 47-8-5, a willful failure to comply with either filing route is a
misdemeanor. The possible sentence is a $25 to $100 fine, up to 30 days in
county jail, or both.

What trips people up

• The free route is not a county filing. Individuals, sole proprietorships,
  and general partnerships use the Secretary of State's TN-1 process even
  though the form first requires the business to be registered with the State
  Tax Department.
• Name screening is not ownership. Section 47-8-4 requires an entity's
  proposed trade name to be distinguishable in the state records, but the
  Secretary of State says registration does not protect the name from use by
  other companies.
• Each additional entity trade name needs a new filing. One registration
  does not automatically cover every name an entity may use.
• The penalty requires a willful failure. Section 47-8-5 does not describe
  every filing mistake as an automatic misdemeanor.

Common questions

Must every partner sign the unincorporated-business form?

The Secretary of State's current TN-1 form says all general partners must be
listed and must sign the application.

Is the filing a trademark registration?

No. The Secretary of State expressly says trade-name registration does not
protect the name from use by other companies and points businesses to trademark
or service-mark registration for that separate protection.

What happens to an entity's trade names if the entity ends?

The Secretary of State says the trade names terminate when the company
dissolves, terminates, or withdraws. A company that merely stops using one name
should withdraw that trade-name registration.

Statutes and sources

• W. Va. Code §§ 47-8-2 through 47-8-4 — mandatory filings for
  unincorporated businesses and registered entities, searchable database,
  contents, distinguishability, separate entity-name filings, and withdrawal.
  Official complete article and
  date-stamped PDF (accessed 2026-07-25).
• W. Va. Code § 47-8-5 — willful-violation misdemeanor, $25–$100 fine,
  and up to 30 days in county jail. Official complete article (accessed 2026-07-25).
• West Virginia Secretary of State, File a Trade Name (DBA) Registration —
  filing method, name screening, and current entity-specific fees. Official
  page (accessed 2026-07-25).
• West Virginia Secretary of State, What Is a Trade Name (DBA)? — no
  name protection through registration and withdrawal/termination guidance.
  Official page (accessed 2026-07-25).
• West Virginia Secretary of State, Form TN-1 — current July 2026 form for
  individuals, sole proprietorships, and general partnerships. Official form (accessed 2026-07-25).