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Wyoming: Assumed-Name (DBA) Registration Requirements

verified against the statute 2026-07-26 6 statute sources

The short answer

Wyoming does not make Chapter 2 trade-name registration mandatory: a person who adopts and already uses a trade name in Wyoming may register it with the Secretary of State. The optional filing costs $100, requires no publication, and lasts 10 years; renewal costs $50 and may be filed during the six months before expiration. Because filing is optional, there is no penalty merely for operating under an unregistered trade name, although fraudulent registration creates damages, costs, and attorney-fee liability.

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This is the general rule in Wyoming. Ezel applies current Wyoming law to your specific facts and answers with citations to the statutes.

Governing law and schemeWyo. Stat. §§ 40-2-101 through 40-2-111 — optional statewide trade-name registration with the Secretary of State
Who must registerNo one is required by Chapter 2 to register merely because a different business name is used. Any individual or legal/commercial entity that adopts and uses a Wyoming trade name may choose to register it (§§ 40-2-101(a)(ii), 40-2-104(a))
Filing officeWyoming Secretary of State, Business Division; the current application is mailed to the Business Division (§ 40-2-104; Secretary of State form)
Filing deadlineNone because registration is optional. The name must already be in use in Wyoming before the registration application is filed (§ 40-2-104(a); Secretary of State instructions)
Publication requirementNone. Chapter 2 and the official registration instructions require no newspaper notice or proof of publication
Filing fee$100 optional registration; $50 renewal. An optional 120-day name reservation costs $30 (§§ 40-2-103 through 40-2-105)
Term and renewal10 years. Renewal for another 10 years may be filed within the six months before expiration, must state that the name remains in use in Wyoming, and costs $50 (§ 40-2-105)
Name exclusivityA registrable name cannot be the same as or deceptively similar to a Wyoming-registered mark and must be distinguishable from business-entity names. A separate reservation gives exclusive use for 120 days; the Act preserves good-faith common-law rights (§§ 40-2-102, 40-2-103, 40-2-109)
Penalty for noncomplianceNone for declining the optional registration. A person who knowingly procures a fraudulent registration is liable for resulting damages, action costs, and reasonable attorney fees; the Secretary may also cancel a false or fraudulent registration (§§ 40-2-107(a)(iv), 40-2-108)

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Requirements one by one

Registration is optional, not an operating prerequisite

Wyoming defines a trade name broadly as a name used to identify and distinguish
a business, vocation, or occupation. But § 40-2-104 says a person who adopts a
trade name “may file” an application. Chapter 2 does not prohibit operating
under an unregistered trade name and sets no nonfiling penalty.

The optional registry is open to individuals and every listed form of legal or
commercial entity. An entity applicant must already be registered and in good
standing with the Wyoming Secretary of State.

Use comes before filing

The application goes to the Secretary of State's Business Division and costs
$100. The current instructions require the application to be signed and
notarized and say the trade name must be in use before registration. Thus
there is no commencement deadline; the application is a post-use protective
filing rather than permission needed before the name can be used.

Neither Chapter 2 nor the official application instructions require newspaper
publication or an affidavit of publication.

The term is 10 years

Registration lasts 10 years. The renewal window is the six months before
expiration, renewal costs $50, and the application must state that the trade
name remains in use in Wyoming. The Secretary is directed to send an expiration
notice during the year before the term ends.

An optional prefiling reservation is different: it costs $30, lasts 120 days,
is not renewable, and gives the applicant exclusive use of the reserved name
during that short period.

Registration protects the record without erasing prior rights

The Secretary cannot register a trade name that is the same as or deceptively
similar to a registered Wyoming trademark or service mark, and the name must be
distinguishable from business-entity names. At the same time, § 40-2-109
expressly preserves good-faith common-law trade-name rights. Registration
therefore should not be mistaken for a conclusive decision about every private
priority or infringement dispute.

Nonfiling and fraudulent filing have different consequences

Because the registration is optional, simply operating without it carries no
Chapter 2 penalty. Knowingly obtaining a registration through a false or
fraudulent statement is different: the filer is liable to an injured party for
all resulting damages, action costs, and reasonable attorney fees. The Secretary
may also administratively cancel a registration based on fraud or uncorrected
false information after notice and an opportunity to respond.

What trips people up

  • You do not register before first use. The official form requires prior
    Wyoming use.
  • A reservation and a registration have different terms. Reservation lasts
    120 days; registration lasts 10 years.
  • The filing is optional. The statute's $100 fee and renewal system do not
    turn registration into a condition for operating under the name.
  • Registration does not erase common-law rights. Earlier good-faith rights
    remain enforceable under § 40-2-109.

Common questions

Must I register a Wyoming DBA before doing business?

No. Chapter 2 permits registration but does not require it, and the official
application requires the name to be in use before filing.

Does Wyoming require newspaper publication?

No. Neither the trade-name statute nor the official filing instructions include
a publication step.

How long does an optional registration last?

Ten years. You may renew during the six months before expiration for $50 if the
name remains in use in Wyoming.

Statutes and sources

  • Wyo. Stat. § 40-2-101(a)(ii), (iv) — covered persons and trade-name
    definition. Official Title 40
    (accessed 2026-07-26).
  • Wyo. Stat. § 40-2-104(a) — optional application, $100 fee, contents, and
    notarization. Official Title 40
    (accessed 2026-07-26).
  • Wyo. Stat. § 40-2-105 — 10-year term, six-month renewal window, $50 fee,
    continued-use statement, and notice. Official Title 40
    (accessed 2026-07-26).
  • Wyo. Stat. §§ 40-2-102(a)(i), 40-2-103(a), and 40-2-109 — registrability,
    reservation, and preserved common-law rights. Official Title 40
    (accessed 2026-07-26).
  • Wyo. Stat. § 40-2-108 — fraudulent-registration damages, costs, and
    attorney fees. Official Title 40
    (accessed 2026-07-26).
  • Wyoming Secretary of State, Trade Name Instructions — prior-use rule,
    current form, filing route, good-standing prerequisite, and $100 fee. Official
    form

    (accessed 2026-07-26).

Source links

Every statute quoted above, linked, with the date we checked it.

Wyo. Stat. § 40-2-101(a)(ii), (iv) · accessed 2026-07-26
Wyo. Stat. § 40-2-104(a) · accessed 2026-07-26
Wyo. Stat. § 40-2-105 · accessed 2026-07-26
Wyo. Stat. § 40-2-108 · accessed 2026-07-26
This page is general legal information about registering an assumed or fictitious business name (a DBA), not legal advice about a particular name, filing, bank-account requirement, contract, or dispute. It does not cover forming a corporation or LLC, reserving an entity name, or registering a trademark, and a DBA filing does not by itself protect a name against use by others. County fees and agency forms can change without a statutory amendment; local business-license and tax rules may add separate filings. Use the current official forms and ask the filing office or a qualified attorney about a specific name or business.

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