Assumed-Name (DBA) Registration Requirements in Alabama

At a glance

Requirements one by one

Alabama offers optional protective registration

Alabama's Article 2 treats a trade name as a type of “mark” under § 8-12-6(5). Section 8-12-8 says a person who adopts and uses a mark in Alabama may file an application with the Secretary of State. It does not require every business using a DBA to register before operating.

The application is for a name already in use. It must state when the mark was first used anywhere and in Alabama, describe the business and how the name is used, identify the claimed owner, be signed and verified, include three specimens or facsimiles, and include the $30 fee.

For a multi-class application, § 8-12-14(a) permits the Secretary of State to require a fee for each class.

There is no filing or publication deadline

Because registration is optional, Article 2 sets no deadline measured from the start of business. Existing use is a prerequisite rather than a deadline.

The complete current registration article, §§ 8-12-6 through 8-12-19, contains no newspaper publication or proof-of-publication requirement. The statutory application package is the filing, verification, specimens, and fee described in § 8-12-8.

Registration lasts five years

Under § 8-12-10, registration lasts five years from the registration date. If the mark remains in use, the registrant may renew during the six months before expiration for another five-year term. Renewal costs $30 and must state that the mark is still used in Alabama.

The Secretary of State must send renewal notice during the year before expiration to the registrant's last known physical, electronic, or other address. Successive five-year renewals are allowed.

Registration creates remedies without conclusively deciding ownership

Under § 8-12-7(6), the Secretary bars registration of a confusingly similar registered or previously used mark, subject to the stated consent-and-separate-markets route. Section 8-12-16 (§ 8-12-16) and § 8-12-18(a) let the registered owner seek an injunction, profits, damages, costs, and, in stated circumstances, attorney fees.

Those remedies do not erase earlier rights. Section 8-12-19 (§ 8-12-19) expressly preserves rights in marks acquired in good faith at common law. Registration should not be described as a conclusive ownership judgment.

Nonregistration and fraudulent registration are different

Article 2 states no penalty for declining the optional registration. A business that does not file simply lacks the article's registered-mark status and remedies.

Section 8-12-15 (§ 8-12-15) addresses a different act: knowingly obtaining a filing or registration through false or fraudulent representations. The filer is liable for all damages sustained because of that filing or registration.

What trips people up

This is a mark-registration system, not a mandatory DBA notice. Trade names, trademarks, and service marks share the same Article 2 application and remedies. The word “registration” does not make filing an operating prerequisite.

Use must come before filing. Section 8-12-8 reaches a person who “adopts and uses” the mark and requires both first-use dates. An intended future name alone does not meet that text.

Common questions

Must I register an Alabama DBA before doing business?

No under this statewide Article 2 scheme. Registration is optional and requires the trade name already to be in use in Alabama. Local license or tax rules can still create separate requirements.

Does Alabama require newspaper publication?

No. The complete current Article 2 scheme contains no publication step, and § 8-12-8 lists an application, verification, three specimens, and the fee.

Does registration guarantee that I own the name everywhere?

No. Registration supplies Alabama statutory remedies, but § 8-12-19 preserves good-faith common-law rights and § 8-12-7 recognizes previously used marks.

Statutes and sources

• Ala. Code §§ 8-12-6 through 8-12-8. Trade-name and use definitions, registrability, optional Secretary of State application, contents, specimens, verification, and fee. Official Alabama Code (accessed July 30, 2026).
• Ala. Code § 8-12-10. Five-year term, six-month renewal window, $30 fee, notice, and continued-use statement. Official Alabama Code (accessed July 30, 2026).
• Ala. Code §§ 8-12-14 through 8-12-19. Multi-class fees, fraudulent-filing liability, infringement, remedies, and preserved common-law rights. Official Alabama Code (accessed July 30, 2026).