Assumed-Name (DBA) Registration Requirements in Nebraska

At a glance

Requirements one by one

Registration is optional, but it carries statutory protection

Nebraska defines a trade name in § 87-208(4) as any name under which a person does business in the state other than that person's true name. The definition of "person" in § 87-208(2) includes individuals, corporations, partnerships, LLCs, trusts, associations, and other legal or commercial entities.

Registration itself is voluntary. Section 87-210(1) says a person who adopts a trade name may file with the Secretary of State. There is no deadline or penalty merely for using an unregistered trade name, and § 87-218 preserves trade-name rights acquired in good faith at common law.

Registration adds statutory protection. Under § 87-209(6), the Secretary prevents registration of a name likely to cause confusion with a registered trade name or filed entity name unless the affected entity consents. Under § 87-216(1) and § 87-217, a registrant may sue over confusing imitation and seek an injunction, profits, damages, or $1,000 statutory damages, plus reasonable attorney fees.

Filing fee, publication, and the 45-day cancellation rule

Under § 87-210(1), the application fee is $100 electronically or $110 on paper. The application identifies the applicant, the trade name, the nature of the business, how long the name has been used in Nebraska, and the applicant's signature.

Once the Secretary of State registers the name, § 87-219 requires the applicant to publish the duplicate registration once. Use a general-circulation newspaper in the city or village where the business will be located. If that place has no newspaper, use a general-circulation newspaper in the county.

Proof of publication must reach the Secretary of State within 45 days after registration. Missing that deadline causes the Secretary to cancel the registration. The Secretary's official form says filing the proof itself is free.

Ten-year term and renewal window

Under § 87-211(1), a registration is effective for ten years from its filing date. A renewal application may be filed during the six months before expiration, accompanied by the same $100 electronic or $110 paper fee. Under § 87-211(2), successive ten-year renewals are allowed, and § 87-211(5) requires the renewal to state that the trade name remains in use in Nebraska.

Fraud and earlier rights

Under § 87-215, a person who knowingly obtains registration through a false or fraudulent representation is liable for all resulting damages to an injured party. Registration also does not erase earlier common-law rights: § 87-218 expressly preserves trade-name rights acquired in good faith outside the registration system.

What trips people up

• Publication is conditional on registering. A business that chooses not to register has no § 87-219 publication duty. A business that does register must publish once and file proof within 45 days.
• The 45 days run from state registration, not newspaper publication. Waiting to contact the newspaper shortens the time available to obtain and file its affidavit.
• Registration is not absolute ownership. It supplies name screening and statutory remedies, but § 87-218 preserves prior good-faith common-law rights.
• The renewal filing needs a current-use statement. It is not enough to pay the fee; § 87-211(5) requires a statement that the name is still used in Nebraska.

Common questions

Must I register before using a trade name?

No. Section 87-210 says an adopter "may" register, and the statute sets no initial filing deadline or nonregistration penalty.

How many times must I publish?

Once. Section 87-219 requires one publication of the duplicate registration in the specified city, village, or county newspaper.

What happens if proof is late?

The Secretary of State cancels the registration if proof is not filed within 45 days after registration.

How long does registration last?

Ten years. Renewal is available during the final six months for another ten-year term, and the renewal must say the name is still in use in Nebraska.

Statutes and sources

• Neb. Rev. Stat. §§ 87-208 through 87-210 — definition, eligibility, voluntary filing, contents, office, and $100/$110 fee. Nebraska Legislature § 87-208; § 87-209; § 87-210 (accessed 2026-08-17).
• Neb. Rev. Stat. § 87-211 — ten-year term, six-month renewal window, renewal fees, successive renewals, and current-use statement. Official statute (accessed 2026-08-17).
• Neb. Rev. Stat. §§ 87-215 through 87-218 — fraudulent-registration damages, statutory misuse action and remedies, and preservation of common-law rights. § 87-215; § 87-216; § 87-217; § 87-218 (accessed 2026-08-17).
• Neb. Rev. Stat. § 87-219 — one-time newspaper publication, proof filing, 45-day deadline, and cancellation. Official statute (accessed 2026-08-17).
• Nebraska Secretary of State, Application for Registration of Trade Name — filing instructions and no-fee proof-of-publication filing. Official form (accessed 2026-08-17).