NOTICE OF FICTITIOUS (TRADE) BUSINESS NAME
state of wisconsin
I. DOCUMENT HEADER
-
Title
Notice of Fictitious (Trade) Business Name Registration and Publication -
Registrant(s)
• Legal Name: [LEGAL ENTITY NAME]
• Entity Type: [LLC/CORP/SOLE PROPRIETOR/PARTNERSHIP]
• Principal Business Address: [STREET, CITY, STATE ZIP]
• Mailing Address (if different): [ADDRESS] -
Trade Name (“DBA”)
[FICTITIOUS BUSINESS NAME] -
Effective Date
[EFFECTIVE DATE] -
Jurisdiction & Governing Law
State of Wisconsin; construed in accordance with Wisconsin law. Venue for any proceeding arising herefrom shall lie exclusively in the state-court system of Wisconsin, sitting in the county where the principal business address is located. -
Recitals
WHEREAS, Registrant intends to transact business within the State of Wisconsin under the above-stated Trade Name; and
WHEREAS, Registrant desires to (a) file the requisite Trade Name registration with the Wisconsin Department of Financial Institutions (“WDFI”) pursuant to Wisconsin Statutes ch. 132, and (b) publish this Notice to provide constructive notice to third parties;
NOW, THEREFORE, Registrant issues this Notice as set forth below.
II. DEFINITIONS
For purposes of this Notice, capitalized terms have the meanings assigned to them below:
“Application” means the registration filing submitted to WDFI for the Trade Name.
“Effective Date” has the meaning set forth in Section I.4.
“Publication Period” means the three (3) consecutive weeks immediately following first publication of this Notice, unless local newspaper policy requires a different period.
“Registrant” has the meaning set forth in Section I.2.
“Renewal Deadline” means the date ten (10) years from the Effective Date, subject to renewal within six (6) months preceding such date.
III. OPERATIVE PROVISIONS
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Registration Requirement
a. Registrant shall file the Application with WDFI within thirty (30) days after the Effective Date.
b. Registrant shall maintain true and correct information on file and promptly amend the Application upon any material change. -
Publication Requirement (Optional Best Practice)
a. Within fifteen (15) days following the Effective Date, Registrant shall cause this Notice to be published once per week for the Publication Period in a newspaper of general circulation in [COUNTY NAME] County, Wisconsin.
b. Proof of publication (affidavit) shall be retained in Registrant’s corporate records for not less than six (6) years. -
Renewal Requirement
a. Registrant shall timely file a renewal application with WDFI on or before the Renewal Deadline.
b. Failure to renew shall result in expiration of the Trade Name and loss of statutory protections. -
Abandonment & Termination
Registrant may voluntarily abandon the Trade Name by filing a cancellation with WDFI and, if this Notice was published, publishing a single-run abandonment notice within thirty (30) days after cancellation. -
Fees
Registrant is responsible for all governmental filing fees and publication costs associated with this Notice.
[// GUIDANCE: Adjust time frames above to align with client workflow and newspaper lead-times.]
IV. REPRESENTATIONS & WARRANTIES
Registrant hereby represents and warrants that:
- Authority: Registrant possesses full legal authority to adopt and use the Trade Name.
- Non-Infringement: To the best of Registrant’s knowledge, use of the Trade Name does not infringe any existing trademark or trade name rights of another person or entity.
- Accuracy: All information contained in this Notice and the Application is true, correct, and complete.
- Compliance: Registrant will comply with all applicable federal, state, and local laws relating to the Trade Name.
The foregoing representations and warranties shall survive the Effective Date.
V. COVENANTS & RESTRICTIONS
- Registrant shall not use the Trade Name for any unlawful purpose.
- Registrant agrees to respond promptly to any governmental inquiry regarding the Trade Name.
- Registrant shall display the Trade Name conspicuously on business signage, invoices, and correspondence where use of the Trade Name could reasonably avoid public confusion.
VI. DEFAULT & REMEDIES
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Event of Default
a. Failure to file the Application or subsequent renewal when due.
b. Material misstatement in this Notice or the Application. -
Remedies
a. Automatic lapse of any statutory protections afforded by registration.
b. Administrative cancellation by WDFI.
c. Such other remedies as may be available at law or in equity.
[// GUIDANCE: Because no private opposing party exists, remedies focus on administrative consequences.]
VII. RISK ALLOCATION
(Section intentionally omitted – indemnification, liability caps, and insurance provisions are unnecessary for a unilateral public notice.)
VIII. DISPUTE RESOLUTION
Any challenge or dispute regarding the validity of the Trade Name shall be brought exclusively in the state courts of Wisconsin, seated in the county specified in Section I.5.
IX. GENERAL PROVISIONS
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Amendments
This Notice may be amended only by a subsequent written notice executed by Registrant and, if published, published in accordance with Section III.2. -
Severability
If any provision of this Notice is held invalid, the remaining provisions shall remain in full force and effect. -
Entire Notice
This document constitutes the complete and exclusive statement of the Notice of Fictitious Business Name for the Trade Name. -
Electronic Signatures
This Notice may be executed and transmitted electronically; such signatures shall be deemed original. -
Counterparts
This Notice may be executed in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument.
X. EXECUTION BLOCK
IN WITNESS WHEREOF, Registrant has executed this Notice as of the Effective Date.
_____ ___
[AUTHORIZED SIGNATORY NAME] Date
Title: [TITLE]
For: [LEGAL ENTITY NAME]
Notary Acknowledgment (State of Wisconsin)
STATE OF WISCONSIN )
) ss.
COUNTY OF ___ )
On this _ day of _, 20_, before me, the undersigned Notary Public, personally appeared ____, who is personally known to me or who has presented satisfactory evidence of identity, and acknowledged that he/she executed the foregoing instrument on behalf of the entity therein named.
Notary Public, State of Wisconsin
My commission expires: ____
[// GUIDANCE:
1. File the completed and signed registration form (available on the WDFI website) with the applicable filing fee.
2. Arrange publication promptly; many Wisconsin newspapers provide pre-formatted affidavits.
3. Calendar the Renewal Deadline at least 12 months in advance to ensure timely renewal.
4. Maintain copies of this Notice, the filed Application, and all publication proofs in the corporate minute book.
]