Assumed-Name (DBA) Registration Requirements in Wyoming

At a glance

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).